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HomeMy WebLinkAbout35835-051302 - 36152-120202 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35835-051302. AN ORDINANCE adopting the annual General Fund Appropriation ofthe City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 2002, and ending June 30, 2003, shall constitute a General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues General Property Taxes Other Local Taxes $ 78,340,707.00 59,301,164.00 Permits, Fees and Licenses Fines and Forfeitures 1,030,694.00 1,116,350.00 Revenue from Use of Money and Property Grants-in-Aid Commonwealth 1,082,729.00 Grants-in-Aid Federal Government 45,687,395.00 34,300.00 6,655,980.00 295,045.00 193,544,364.00 Charges for Current Services Miscellaneous Total Revenues Appropriations Treasurer Clerk of Circuit Court 821,496.00 1,096,897.00 Juvenile and Domestic Relations Court Services 1,487,679.00 2 Juvenile and Domestic Relations Court Clerk Magistrate General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney Cost Collections Unit City Council City Attorney City Clerk Real Estate Valuation Board of Equalization Municipal Auditing Department of Finance Office of Billings and Collections Residual Fringe Benefits Miscellaneous Transfers to School Fund Transfers to Debt Service Fund Transfers to Other Funds Electoral Board Office of Communications City Manager $ 29,786.00 3,697.00 28,586.00 255,120.00 923,521.00 1,926,268.00 9,202,018.00 11,128,286.00 1,177,712.00 69,745.00 1,247,457.00 237,504.00 726,397.00 473,718.00 957,580.00 21,090.00 978,670.00 450,342.00 1,609,356.00 1,236,628.00 2,845,984.00 1,431,024.00 46,716,745.00 16,847,042.00 5,045,239.00 297,088.00 330,207.00 700,776.00 3 Memberships and Affiliations Economic Development Department of Management and Budget Human Resources $ 2,036,465.00 (1,198,438.00) 659,355.00 205,038.00 289,112.00 599,500.00 839,824.00 Personnel Lapse Contingency Environmental and Emergency Management Roanoke Arts Commission 1,018,972.00 Occupational Health Clinic Fire Administration 334,997.00 1,964,237.00 187,681.00 520,752.00 122,476.00 99,363.00 221,876.00 3,176,809.00 1,070,122.00 712,137.00 629,670.00 11,704,386.00 757,534.00 1,353,969.00 E911 Center E911 Wireless Telecommunications 2,672,670.00 Director of General Services Management Services Purchasing Building Maintenance Custodial Services 443,715.00 4,246,931.00 Fire Support Fire Operations Fire Airport Rescue Emergency Medical Services Director of Public Works 2,131,436.00 236,032.00 5,860,952.00 3,945,710.00 15,935,163.00 Solid Waste Management Transportation - Streets and Traffic 4 Transportation - Paving $ 1,752,872.00 Transportation - Snow Removal 208,328.00 Transportation - Street Lighting 942,614.00 Transportation - Engineering & Operations 1,319,372.00 Engineering 1,471,487.00 15,737,367.00 Planning and Development 1,030,449.00 Building Services 711,867.00 1,742,316.00 Neighborhood Partnership 172,280.00 Citizens Service Center 92,870.00 Housing and Neighborhood Services 1,036,063.00 1,301,213.00 Parks 2,814,628.00 Parks & Recreation Administration 1,084,938.00 Community Education 233,692.00 Recreation 1,147,672.00 5,280,930.00 Director of Human Services/Social Service 1,000,029.00 Income Maintenance 4,791,833.00 Social Services - Services 9,070,430.00 Employment Services 1,221,604.00 Foster Parent Training 134,571.00 Human Services Support 155,887.00 16,374,354.00 Virginia Institute for Social Services Training Activities 319,639.00 Hospitalization 84,399.00 Youth Haven 515,191.00 Outreach Detention 171,100.00 5 Health Department Mental Health $ 533,272.00 1,140,853.00 1,219,563.00 Crisis Intervention Human Services Committee 409,428.00 484,264.00 220,335.00 8,400,000.00 62,111.00 67,636.00 Total Action Against Poverty Comprehensive Services Act (CSA) CSA - Administration Virginia Cooperative Extension Service Police Administration Police Investigation Police Patrol 420,956.00 2,593,950.00 9,277,407.00 2,775,124.00 546,673.00 430,418.00 2,255,530.00 113,332.00 16,044,528.00 Police Services Police Training Police Animal Control Libraries Law Library 2,368,862.00 Total Appropriations 193,544,364.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. 4. That this ordinance shall be known and cited as the 2002-03 General Fund Appropriation Ordinance; and 6 5. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ~S~j~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35836-051302. AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Water Fund in the fiscal year beginning July 1,2002, and ending June 30, 2003, shall constitute a Water Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating Total Revenues $12,888,295.00 358.000.00 13,246,295.00 Appropriations Utility General Operating Expenses Water Pumping Station and Tanks Water Purification Utility Line Services Depreciation Interest Expense Capital Outlay Total Appropriations 332,888.00 3,208,731.00 718,472.00 2,043,606.00 3,287,427.00 1,671,979.00 1,085,655.00 897.537.00 13.246.295.00 7 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2002-03 Water Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor 7h:' 1. fL- Mary F. Parker City Clerk 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35837-051302. AN ORDINANCE adopting the annual Water Pollution Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Water Pollution Control Fund in the fiscal year beginning July 1,2002, and ending June 30, 2003, shall constitute a Water Pollution Control Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating Total Revenues $ 10,228,000.00 170.200.00 10.398.200.00 Appropriations Administration Maintenance 2,211,645.00 1,267,534.00 8 Operations Laboratory Lateral Maintenance and Replacement Depreciation Interest Expense Total Appropriations $ 2,512,122.00 283,745.00 1,913,110.00 1,765,654.00 744.390.00 10.698.200.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2002-03 Water Pollution Control Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ATTEST: ~ ~~ef ~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35838-051302. AN ORDINANCE adopting the annual Civic Facilities Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Civic Facilities Fund in the fiscal year beginning July 1, 2002, and ending June 30, 2003, shall constitute a Civic Facilities Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating Total Revenues 4,090,038.00 1.190.185.00 5.280.223.00 9 ApproDriations Operating Expenses Promotional Expenses Concessions Catering Victory Stadium Depreciation Capital Outlay Interest Non-Operating Civic Center Renovations Phase II Total Appropriations $ 2,913,369.00 605,251.00 663,150.00 224,143.00 260,671.00 515,031.00 278,635.00 99,174.00 69,330.00 106,500.00 5.735.254.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2002-03 Civic Facilities Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ATTEST: ~ fJ.-, "''-1 j. r ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35839-051302. AN ORDINANCE adopting the annual Parking Fund Appropriation ofthe City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 10 1. That all money that shall be paid into the City Treasury for the Parking Fund in the fiscal year beginning July 1, 2002, and ending June 30, 2003, shall constitute a Parking Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating Total Revenues $ 2,287,172.00 30.450.00 2.317 .622.00 Appropriations Parking Coordination Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage Church Avenue Surface Lot Bullitt Avenue Surface Lot Salem Avenue Surface Lot Gainsboro Surface Lot Norfolk Avenue Surface Lot Williamson Road Surface Lot Interest Expense Total 33,577.00 184,006.00 325,250.00 212,957.00 343,244.00 400,554.00 226,507.00 45,000.00 22,500.00 11,500.00 42,470.00 18,980.00 11,380.00 560,246.00 2.438.171.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2002-03 Parking Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ~s~ J.P~ Mary F. Parker City Clerk 11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35840-051302. AN ORDINANCE adopting a portion ofthe annual Capital Projects Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the money that shall be paid into the City Treasury for the Capital Projects Fund in the fiscal year beginning July 1, 2002, and ending June 30, 2003, shall constitute a portion of the Capital Projects Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Total Revenues $ 757,640.00 757.640.00 Transfer from General Fund Appropriations Bridge Maintenance Fire/EMS Facility Improvement Program NPDES Phase 11- Stormwater Management Transportation Projects Total Appropriations 150,000.00 147,640.00 150,000.00 310.000.00 757.640.00 2. That this Ordinance shall be known and cited as the 2002-03 Capital Projects Fund Appropriation Ordinance; and 3. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ~:~ g. rL-- Mary F. Parker City Clerk 12 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35841-051302. AN ORDINANCE adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Department of Technology Fund in the fiscal year beginning July 1,2002, and ending June 30, 2003, shall constitute a Department of Technology Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating Total Revenues $ 4,047,741.00 456,002.00 4.503.743.00 Appropriations Operating Expenses Depreciation Expense Interest Expense Capital Outlay Total Appropriations 3,366,924.00 765,960.00 8,667.00 212.951.00 4.354.502.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2002-03 Department of Technology Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor 7hT~ J ~ Mary F. Parker City Clerk 13 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35842-051302. AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Fleet Management Fund in the fiscal year beginning July 1, 2002, and ending June 30, 2003, shall constitute a Fleet Management Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating Total Revenues $ 3,586,094.00 929.520.00 4.515.614.00 Appropriations Operating Expenses Capital Outlay Interest Expense Depreciation Expense Total Appropriations 2,243,184.00 1,587,000.00 77,655.00 2.105.000.00 6.012.839.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2002-03 Fleet Management Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1,2002. APPROVED Ralph K. Smith Mayor ATTEST: ~ ^ ~ -J. r p;JtA~- Mary F. Parker City Clerk 14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35843-051302. AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the Risk Management Fund in the fiscal year beginning July 1,2002, and ending June 30, 2003, shall constitute a Risk Mana~ement Fund and that as much of the same as may. be necessary be, and the same IS hereby appropriated to the following uses and purposes, to-wit: Revenues Operating Non-Operating Total Revenues Appropriations Risk Management Administration Risk Management - Other Expenses Total Appropriations $ 11,015,570.00 215.000.00 11.230.570.00 1,111,710.00 11.289.386.00 12.401.096.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2002-03 Risk Management Fund Appropriation Ordinance; and 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor /hT~ J (L Mary F. Parker City Clerk 15 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35844-051302. AN ORDINANCE adopting the annual School Fund Appropriation ofthe City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the School Fund in the fiscal year beginning July 1, 2002, and ending June 30, 2003, shall constitute a School Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Total Revenues $ 43,236,695.00 9,226,504.00 115,298.00 2,027,968.00 46,716,745.00 100.000.00 101.423.210.00 Grants-in-Aid Commonwealth State Sales Tax (ADM) Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Interest on Investments Appropriations Instruction Administrative Services Attendance and Health Services Transportation Operation/Maintenance of Plant Facilities Other Uses of Funds Total Appropriations 77,448,308.00 2,593,056.00 1,386,763.00 4,005,055.00 10,605,764.00 388,805.00 4.995.459.00 101,423,210.00 2. That this Ordinance shall be known and cited as the 2002-03 School Fund Appropriation Ordinance; and 16 3. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor 7h~JL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35845-051302. AN ORDINANCE adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the School Food Service Fund in the fiscal year beginning July 1, 2002, and ending June 30, 2003, shall constitute a School Food Service Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Total Revenues $ 84,464.00 2,747,730.00 1.689.923.00 4.522.117.00 Appropriations Food Services Total Appropriations 4.522.117.00 4.522.117.00 2. That this Ordinance shall be known and cited as the 2002-03 School Food Service Fund Appropriation Ordinance; and 17 3. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ?K~ / fw- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35846-051302. AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the money that shall be paid into the City Treasury for the Grant Fund for the Virginia Juvenile Community Crime Control Act in the fiscal year beginning July 1, 2002, and ending June 30, 2003, shall constitute a portion of the Grant Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: Revenues Virginia Juvenile Community Crime Control Act Transition Virginia Juvenile Community Crime Control Act Total Revenues $ 88,673.00 91.000.00 179.673.00 Appropriations Virginia Juvenile Community Crime Control Act Transition Enhanced Community Services - Court Services Unit Total Appropriations 88,673.00 91.000.00 179.673.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That this Ordinance shall be known and cited as the 2002-03 Grant Fund Appropriation Ordinance; and 18 4. That in order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this Ordinance shall be in full force and effect on and after July 1, 2002. APPROVED Ralph K. Smith Mayor A~;fL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35847-051302. AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 31, 2002; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for payment of a monthly stipend to certain board and commission members; repealing Ordinance No. 35344-050701, adopted May 7,2001, to the extent of any inconsistency; and providing for an emergency and effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Pursuant to 12-69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 31, 2002, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: 19 CITY OF ROANOKE, VIRGINIA PAY PLAN July 31, 2002 Pay Minimum Maximum Grade Annual Annual Salary Salary 04 $16,686.80 $25,030.46 05 17,521.40 26,282.10 06 18,834.92 28,252.38 07 20,289.36 30,434.30 08 22,416.94 33,625.54 09 24,770.20 37,155.30 10 27,373.06 41,059.72 11 29,301.22 43,951.96 12 32,670.56 49,005.84 13 36,428.60 54,642.90 14 40,616.94 60,925.28 15 45,288.10 67,932.28 16 51,156.30 76,734.58 17 57,039.06 85,558.72 18 63,598.34 95,397.38 19 71,792.50 107,688.62 20 80,048.54 120,072.94 21 89,254.10 133,881.28 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to 12-68, Code of the City of Roanoke (1979), as amended, effective July 31, 2002, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 20 4. Merit increases, generally in the amount of three percent (3.0%) of the employees' current base salary, shall be accorded officers and employees achieving satisfactory merit evaluations. For officers and employees appointed or hired after July 1, 2001, merit increases shall be prorated based on number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 5. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 6. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE ANNUAL SALARY INCREMENT $ 1,620.00 1,620.00 ANNUAL SALARY INCREMENT 1,800.00 Appraiser I Appraiser II POSITION TITLE Assistant City Managers (unless City Manager has assigned a City vehicle to the individual Assistant) Assistant Director of Civic Facilities Director of Finance 990.00 2,000.00 2,000.00 1,080.00 1,620.00 990.00 2,000.00 990.00 2,000.00 2,000.00 City Attorney City Clerk Community Relations Coordinator Deputy Director of Real Estate Valuation Director of Civic Facilities Director of Human Services/Social Services Director of Real Estate Valuation Municipal Auditor 21 Senior Appraiser Senior Tax Compliance Administrator Youth Services Planner $ 1,620.00 1,300.00 900.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. 7. In order to equitably compensate sworn police officers assigned to the Criminal Investigation Division and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual salary increment of $600.00 payable on a bi-weekly basis as a uniform allowance. 8. Each employee ofthe Fire-Emergency Medical Services Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participates in the City's First Responder Program shall be accorded an annual salary increment of $1,200.00 payable on a bi-weekly basis. 9. Each employee ofthe Fire-Emergency Medical Services Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary increment of $1 ,200.00 payable on a bi-weekly basis. 10. The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $915.00 to $4,084.00 payable on a bi-weekly basis. 11. The City Manager is authorized to continue a merit pay program for Firefighter/Emergency Medical Technicians who attain a cardiac technician certificate. The annual pay supplement shall be in the amount of $1 ,769.00 payable on a bi-weekly basis. If a qualified employee is receiving an EMT stipend, pursuant to the provisions of Paragraph 8, above, then the employee shall, in addition to the EMT stipend, receive the difference between such stipend and the merit pay authorized hereby. 12. Effective July 31, 2002, a pay stipend of $100.00 per month, or $1,200.00 annually, paid bi-weekly, shall be awarded to members of the City Planning Commission and the Board of Zoning Appeals upon attainment of certification through the Virginia Certified Planning Commissioner Program and the Virginia Certified Board of Zoning Appeals Program, respectively. New appointees will be required to attain certification within one year of the date of appointment. 22 13. When any salary increase provided in paragraphs 4, 10 or -11 of this Ordinance would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position, such officer or employee shall receive a salary increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. 14. To the extent of any inconsistency, Ordinance No. 35344-050701, adopted May 7, 2001, is hereby REPEALED. 15. Any increase in compensation due to any officer or employee due under this ordinance shall be first paid beginning with the paycheck of July 31 , 2002. 16. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after July 31, 2002. APPROVED Ralph K. Smith Mayor ATTEST: ! ~ /JA ~ ~ L4.~ , '\ I . - - Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35848-051302. A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 2002-2003 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing execution of the appropriate documents for the acceptance of such funding. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a 5-Year Consolidated Plan, with Annual Updates, in order to receive Community Development Block Grant (CDBG) funding, HOME Investment Partnership (HOME) funding, and Emergency Shelter Grant (ESG) funding; WHEREAS, the current 5- Year Consolidated Plan for the City of Roanoke will expire on June 30, 2002; 23 WHEREAS, citizen input has been received and considered on three occasions: January 10, March 28 and April 29,2002, on the 5-Year Consolidated Plan; and WHEREAS, the Plan must be approved by this Council and received by HUD by May 15, 2002, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 5-Year Consolidated Plan to HUD for review and approval, and to execute the appropriate documents with HUD for receipt of such entitlement funds, said documents to be approved as to form by the City Attorney. APPROVED Ralph K. Smith Mayor 7};:~ ;. ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35849-051302. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager and Director of Finance by letter of May 13, 2002. WHEREAS, by letter of May 13, 2002, and the attachments to such letter, the City Manager and Director of Finance have presented an update to the City's 5-Year Capital Improvement Program for Fiscal Years 2003-2007, in the recommended Resource Allocation Plan totaling $298,192,974.00. Additions for Fiscal Year 2003 consist offunding for Civic Center Improvements in the amount of $14,941,020.00, for Fire/EMS Facility Improvements in the amount of $947,640.00, and for the Water Pollution Control Plant in the amount of $35,000,000.00, totaling $50,888,660.00, which represents aninvestment in the future of Roanoke and offers the City the opportunity to significantly improve its facilities and physical resources while strengthening the City's economic base; WHEREAS, the Program will require additional funding totaling $49,300,000 and the funding recommendation proposed is affordable and consistent with previous discussions by City Council and actions taken by City Council; and WHEREAS, this Council is desirous of endorsing the recommended update to the City's Capital Improvement Program; 24 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations ofthe City Manager and Director of Finance for a certain update to the 5-year Capital Improvement Program for the City of Roanoke for Fiscal Years 2003-2007, and the related funding recommendations, as set out in the letter of the City Manager and Director of Finance, dated May 13, 2001, and the attachments to such report. APPROVED Ralph K. Smith Mayor ATTEST: ~ ~~ }. r~- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35852-051302. A RESOLUTION amending certain fees and charges with regard to sign permits, amending the Fee Compendium, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Sign permit fees shall be amended as follows: Permanent Sign Temporary Sign $50.00 30.00 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the amended fees for sign permits. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 25 4. The fees established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect on July 1, 2002. APPROVED Ralph K. Smith Mayor ATTEST: fZ... ~.~:ler 1 ~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35853-051302. AN ORDINANCE amending 132-192, Preparation and sale of stamps generally, of Article VIII, Cigarette tax, of Chapter 32, Taxation, ofthe Code ofthe City of Roanoke (1979), as amended, in order to eliminate the discount for local cigarette dealers with respect to the purchase of tax stamps as currently provided in that section; dispensing with the second reading of this ordinance and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-192, Preparation and sale of stamDS generally, of Article VIII, Cigarette tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 132-192. Preparation and sale of stamps generally. For the purpose of making the stamps referred to in Section 32-191 available for use by local dealers and other agents, the director offinance shall prescribe, prepare and furnish to the treasurer, and the treasurer shall sell, stamps of such denominations and quantities as may be necessary for the payment of the tax imposed by this article. The director of finance may, from time to time and as often as he deems advisable, provide for the issuance and exclusive use of stamps of a new design and forbid the use of stamps of any other design and he may make and carry into effect such reasonable rules and regulations relating to the preparation, furnishing and sale of stamps as he may deem necessary. 26 2. Pursuant to 112 ofthe Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. 3. This ordinance shall be in full force on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ^~J~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35854-051302. AN ORDINANCE repealing 132-291, Discount, of Article XIV, Tax on Prepared Food and Beverage, in order to eliminate the discount currently provided for sellers as compensation for the collection of taxes imposed by this Article; dispensing with the second reading of this ordinance; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-291, Discount, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. Pursuant to 12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. 3. This ordinance shall be in full force on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ATTEST: /) A~ J f/~ Mary F;' Parker City Clerk 27 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35855-051302. AN ORDINANCE amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new 11-21, Courtroom security assessment, providing for assessment by the City of a fee to provide funding of courthouse security personnel, pursuant to 153.1-120, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new 11-21, Courtroom security assessment, which shall read and provide as follows: 11-21. Courtroom security assessment. As authorized by Section 53.1-120, Code of Virginia (1950), as amended, effective July 1, 2002, the clerks of the city's district and circuit courts, respectively, shall assess and collect the sum of $5.00 as part of the costs in each criminal or traffic case in which the defendant is convicted of a violation of any statute or ordinance. Such sums shall be collected by the clerk of the court in which the case is heard, remitted to the city treasurer, and be held by the treasurer subject to appropriation by city council to the sheriff's office for the funding of courthouse security personnel. The provisions of this section shall expire on July 1,2004. 2. Pursuant to 112 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. 3. This ordinance shall be in full force on and after July 1, 2002. APPROVED Ralph K. Smith Mayor 0~}f~ Mary F. Parker City Clerk 28 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35856-051302. AN ORDINANCE amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new 51-22, Jail processing fee. providing for assessment by the City of a fee to provide funding to defray the costs incurred by the Sheriff's Department in processing arrested persons into local jails, pursuant to 515.2-1613.1, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new 51-22, Jail processing fee, which shall read and provide as follows: 51-22. Jail processing fee. As authorized by Section 15.2-1613.1, Code of Virginia (1950), as amended, there is hereby imposed on any individual admitted to the city jail following conviction a processing fee of twenty-five dollars ($25.00). The fee shall be ordered as a part of court costs collected by the clerk, and deposited into the account of the city treasurer to be used by the city sheriff's department to defray the costs of processing arrested persons into local jails. 2. Pursuant to 512 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ^T~ ~ fL Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35857-051302. AN ORDINANCE amending Chapter 2, Administration, Article VIII, Finance generally, of the Code of the City of Roanoke (1979), as amended, by the addition of a new 51-178.3, Recovery of administrative costs. providing for collection 29 by the City of certain administrative costs associated with collection pursuant to the Setoff Debt Collection Act on any debt owed the City, such fee not to exceed $25.00, pursuant to 158.1-520.1, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 2, Administration, Article VIII, Finance aenerally, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new 12-178.3, Recovery of administrative costs, which shall read and provide as follows: 12-178.3. Recovery of administrative costs. As authorized by Section 58.1-520.1, Code of Virginia (1950), as amended, the administrative costs associated with collection pursuant to the Setoff Debt Collection Act of any debt owed the city, not to exceed twenty-five dollars ($25.00) shall be collected, in addition to the amount of delinquent debt collected pursuant to such Act. 2. Pursuant to 112 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. 3. This ordinance shall be in full force on and after July 1, 2002. APPROVED Ralph K. Smith Mayor 7t{:~ ! ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35858-051302. AN ORDINANCE amending Chapter 2, Administration, Article VIII, Finance generally, of the Code of the City of Roanoke (1979), as amended, by the addition of a new 12-178.4, Assessment of delinquent taxpayers for administrative costs. providing for collection by the City of certain administrative costs to be assessed against delinquent taxpayers to defray costs associated with the collection process pursuant to 158.1-3958, Code of Virginia (1950), as amended; amending 133-22, Accounting for abatement costs, Article II, Weed and trash abatement, of Chapter 33, Vegetation and Trash, with respect to charges for administrative costs incurred in trash abatement; and dispensing with the second reading of this ordinance and providing for an effective date. 30 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 2, Administration, Article VIII, Finance generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new 12-178.4, Assessment of delinauent taxoayers for administrative costs, which shall read and provide as follows: 12-178.4. Recovery of administrative costs. If collection proceedings have been commenced by the treasurer or other tax official against any delinquent taxpayer, then in addition to all taxes, penalties and interest due, such taxpayer shall pay an administrative fee as provided in 58.1-3958, Code of Virginia (1950), as amended, to cover the cost of collection in the following amount: (a) Twenty-five dollars ($25.00) if the total amount due is collected subsequent to judgment. (b) One hundred and fifty dollars ($150.00) or twenty- five percent (25%) of the collection cost, whichever is less, if the collection activity is to collect on a nuisance abatement fee; however, in no event shall the fee be less than twenty-five dollars ($25.00). (c) Section 33-22, Accounting for abatement costs, of Article II, Weed and trash abatement, of Chapter 33, Vegetation and Trash, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 133-22. Accounting for abatement costs. The city manager shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk and the manager of billings and collections at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify 31 the parcel, and specify and include an additional administrative fee as specified in 12-178.4 of this Code, to be assessed against the owner; the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment; and interest authorized by this article. 3. Pursuant to 112 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. 4. This ordinance shall be in full force on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ATTEST: /} rh.~.J. {/~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35859-051302. AN ORDINANCE amending 132-19, Penalty and interest on delinquencies - Generally, of Article II, Real Estate Taxes Generally, of Division II, Generally of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to change the time of commencement for calculating interest on delinquent real estate taxes from July first of the tax year next following that for which such taxes are assessed to the first day of the month following the month in which such taxes are due; dispensing with the second reading ofthis ordinance and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-19, Penalty and interest on delinquencies - Generally, of Article II, Real Estate Taxes Generally, of Division II, Generally of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32-19. Penalty and interest on delinquencies-Generally. (a) Any person who shall fail to pay to the city treasurer on or before October fifth and April fifth of each tax year the quarterly installment of real estate tax becoming due on or before such dates, respectively, as provided by section 32-18, shall be assessed by the treasurer and shall pay, along with such tax, a penalty of ten (10) percent of the amount of such unpaid tax installment. 32 (b) Interest at the maximum yearly rates authorized by general law of the Commonwealth, as provided for in 158-847, Code of Virginia (1950), as amended, commencing on the first day of the month following the month in which such taxes are due, shall be assessed and collected on the principal of and penalties on all taxes assessed by the city on real estate for each tax year, remaining unpaid. 2. Pursuant 112 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. 3. This ordinance shall be in full force on and after July 1, 2002. APPROVED Ralph K. Smith Mayor A:' J (L Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35860-051302. AN ORDINANCE amending and reordaining subsection (e) of 120-76, Parking spaces reserved for persons with disabilities, of Code of the City of Roanoke (1979), as amended, and 120-89, Penalties for unlawful parking, of the Code of the City of Roanoke (1979), as amended, the amended sections to provide for the increase of certain penalties , and the adjustment of certain others, for unlawful parking within the City of Roanoke; and providing an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following sections: 120-76. Parking spaces reserved for persons with disabilities *** (e) The penalty for the parking violation established by this section shall be as set forth in section 20-89 of this chapter. *** 120-89. Penalties for unlawful parking. *** (b)(1) Every person receiving written notice from a police officer that he has violated any of the sections of the preceding two (2) divisions of this chapter may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of his office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefor has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall not be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: oumn PENALTY If paid within 10 days of the issuance by an officer of a notice of violation oumn PENALTY If paid after 10 days of the issuance by an officer of a notice of violation . , 65(6); 20-65(7); 20-65(10); 20- 65(12); 20-65(13); 20-70; 20-72; 20- 73; or 20-75 $10.00 $25.00 15.00 30.00 or 20-69 (except subsection . , 65(2); 20-65(5); 20-65(8); 20- 65(9); 20-66; 20-67; or 20-71 20.00 35.00 33 34 (2) If the applicable penalty listed in Column 2 is not paid within ten (10) days of the issuance by an officer of a notice of violation, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay the applicable penalty listed in Column 3 within five (5) days of receipt of such notice. *** 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fines to be charged for the aforesaid violations. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of July 1, 2002. APPROVED ATTEST: ~ ~~ .;(/~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35861-051302. A RESOLUTION amending certain fees and charges with regard to fire safety reinspections, amending the Fee Compendium, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The fee for fire safety reinspections shall be amended to $33.00 per reinspection. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the amended fees for fire safety reinspections. 35 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect on July 1, 2002. Ralph K. Smith Mayor APPROVED ~~). ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35862-051302. A RESOLUTION amending certain fees and charges with regard to fireworks and bonfire permits, amending the Fee Compendium, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The fee for fireworks and bonfire permits shall be amended to $45.00 per permit. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the amended fees for fireworks and bonfire permits. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect on July 1, 2002. APPROVED ATTEST: ~ ~ 1. r~ Mary F. ':;Sr City Clerk Ralph K. Smith Mayor 36 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35863-051302. A RESOLUTION amending certain fees and charges with regard to fire system false alarms, amending the Fee Compendium, and providing for an effective date. as follows: BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The fee assessed for fire system false alarms shall be amended A. $50 fee per false alarm shall be assessed whenever there are more than 3 false alarms at a given location within one year. B. $100 fee per false alarm shall be assessed whenever there are more than 6 false alarms at a given location within one year. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the amended fees for fire system false alarms. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect on July 1, 2002. APPROVED Ralph K. Smith Mayor 7h~JP~ Mary F. Parker City Clerk 37 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35864-052102. A RESOLUTION amending certain fees and charges with regard to refuse collection service for the Central Business District and Commercial Districts outside the Central Business District, amending the Fee Compendium, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Refuse collection fees for the Central Business District and Commercial Districts outside the Central Business District shall be amended as follows: Restaurant/Office/Financial Specialty Retail/Health/Church/Nonprofit Commercial Districts outside the Central Business District Monthly Fees $50.00 $30.00 Central Business District Restau rant/Office/Fi nancial Specialty Retail/Health/Church/Non Monthly Fees $10.00 $10.00 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the amended fees for refuse collection service for the Central Business District and Commercial Districts. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fees established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect on July 1, 2002. ," APPROVED Ralph K. Smith Mayor ATTEST: ~ ~ ..., ! r NJ.~^- Mary F. Parker City Clerk 38 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35865-051302. A RESOLUTION establishing a certain new fee and charge with regard to elevator permits, amending the Fee Compendium, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that a new fee be established with regard to elevator permits, as follows: Elevator permit $25.25 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fee for elevator permits. 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect on July 1, 2002. APPROVED ^:~J~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35866-051302. A RESOLUTION amending certain fees and charges, establishing certain new user fees and charges, in connection with use of Carvins Cove Natural Reserve, amending the Fee Compendium, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 39 1. Boat rentals and fees charged at Carvins Cove Natural Reserve shall be as follows: Service Charge: Boat Launch Fees Boat Rental: Annual Permits w/o motor - $75.00 < 10 hp motor $90.00 Daily Permits w/o motor - $5.00 < 10 hp motor $9.00 14' Boats $ 4.00 per hr. $ 8.00 (2 day - 5 hrs.) $14.00 per day 12' Boats $ 3.00 per hr. $ 7.00 (2 day - 5 hrs.) $13.00 per day Inspection Fees for Privately Owned Motors: Electric $1.00 Gasoline $2.00 2. New user fees for all uses of the facility, with the exception of boating, charged at Carvins Cove Natural Reserve shall be as follows: + Service Charge: Annual Permits per person $30.00 (non-Roanoke City Residents) $15.00 (Roanoke City Residents) $ 2.00 (non-Roanoke City Residents) $ 1.00 (Roanoke City Residents) 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new or amended user fees at Carvins Cove Natural Reserve. Daily Permits Per Person 4. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 40 5. The fees established by this Resolution shall remain in effect until amended by this Council. 6. This Resolution shall be in full force and effect on July 1, 2002. APPROVED ?A.:~ J L Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35867-051302. AN ORDINANCE amending the fee for review of erosion and sediment control plans, amending the Fee Compendium, dispensing with the second reading of this ordinance, and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that the fee for review of erosion and sediment control plans be amended, as follows: Review of erosion and sediment control plan $100.00, plus $50.00 per acre, or any portion thereof 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to increase the fee for review of erosion and sediment control plans. 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 3. The fees established by this Ordinance shall remain in effect until amended by this Council. 41 4. Pursuant to 112 of the Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. 5. This Ordinance shall be in full force and effect on July 1, 2002. APPROVED n~:i ~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of May, 2002. No. 35868-051302. AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The retirement allowance payable on account of certain members of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired on or before July 1, 2001, shall effective July 1, 2002, be increased by two and six tenths percent (2.6%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, and not including any Retirement Supplement established by Ordinance No. 34799-050900, calculated as of July 1, 2002. 2. The increase in benefits provided for in Paragraph 1 of this ordinance shall apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: a. Any member of the Employees' Supplemental Retirement System (hereinafter "ESRS") or of the Employees' Retirement System (hereinafter "ERS") retired under 122.1-44, Normal Service Retirement, or under 122.1-62, Retirement and Service Retirement Allowance Generally, respectively, of the Code of the City of Roanoke (1979), as amended (hereinafter "City Code"); or 42 b. Any member of ESRS or ERS retired under 122.1-47, Nonoccupational Disability Retirement Allowance, or under 122.1-65, Nonoccupational Disability Retirement Allowance, respectively, of the City Code; or c. Any member of ESRS or ERS retired under 122.1-48, Occupational Disability Retirement Allowance, or under 122.1-66, Occupational Disability Retirement Allowance, respectively, of the City Code; or d. Any member of the ESRS retired under 122.1-45, Early Service Retirement Allowance, or 122.1-46, Vested Allowance, or any member of ERS retired underI22.1-63, Early Service Retirement Allowance, or 122.1-64, Vested Allowance, of the City Code; or e. Any surviving spouse of a member, provided such surviving spouse is entitled to benefits under Article III, Employees' Supplemental Retirement System, or under Article IV, Employees' Retirement System, of Chapter 22.1, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraph 2.a., 2.b., 2.c., or 2.d. of this ordinance; or f. Any member retired under Article V, Police and Fire Department Pension Plan as of December 31. 1945, of Chapter 22.1, Pensions and Retirement, of the City Code, or the surviving spouse of any such member. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on July 1, 2002. APPROVED Ralph K. Smith Mayor ~~ j fL- Mary F. Parker City Clerk 43 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2002. No. 35869-051302. A RESOLUTION paying tribute to the town and the townspeople of Crescent City, Florida. WHEREAS, on Thursday, April 18, 2002, an Amtrak Auto Train carrying 452 people derailed just south of the Crescent City, Florida, killing four and injuring many; and WHEREAS, William Robertson, founder of Camp Virginia Jaycee, Inc., in Blue Ridge, Va., and a friend to City Council, was one of the passengers injured; and WHEREAS, the residents, merchants and students of Crescent City responded en masse to the scene of the crash, offering comfort, relief and aid to Mr. Robertson and the other victims in their hour of need; and WHEREAS, the town's emergency response personnel clearly performed above and beyond the call of duty. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. City Council expresses its deep appreciation to the town and the townspeople of Crescent City, Florida, for their overwhelming and self-sacrificing response to Mr. Robertson and the other victims of the April 18 Amtrak wreck. 2. The City Clerk is hereby directed to send an attested copy of this resolution to Mr. William Robertson and to the Town Council of Crescent City, Florida. APPROVED ~:~j~ Mary F. Parker City Clerk Ralph K. Smith Mayor 44 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35850-052002. AN ORDINANCE amending 132-217, Levied rate. of Article IX, Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to increase the admissions tax on the stated admission charge to any place of amusement or entertainment from five (5) percent to six and one-half (6.5) percent; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-217, Levied rate. of Article IX, Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 132-217. Levied rate. A tax on the amount paid for the admission to any place of amusement or entertainment is hereby levied upon and shall be collected from every person who pays an admission charge to such place. The rate of this tax shall be six and one-half (6.5) percent of the stated admission charge for each person admitted or for each ticket sold. Except as otherwise provided in section 32-218, if any person is admitted free to any place of amusement or entertainment at any time when an admission charge is made to other persons, an equivalent tax is hereby levied upon, and shall be collected from, such person so admitted free of an admission charge, which tax shall be based on the price charged to such other persons of the same class for the same or similar accommodations. 3. This ordinance shall be in full force on and after July 1, 2002. APPROVED Ralph K. Smith Mayor ATTEST: ~ A....., j. f/~ Mary F. Parker City Clerk - - - - - - - - - - - - - - ".......... 45 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35851-052002. AN ORDINANCE amending certain fees and charges, establishing certain new fees and charges with regard to subdivision and zoning fees, and amending the Fee Compendium, dispensing with the second reading of this ordinance, and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subdivision and zoning fees shall be amended to include the following: $500.00 Amendment to conditions of a conditional rezoning $250.00 Appeal to the Board of Zoning Appeals of the zoning administrator's decision $100.00 Application for a special exception from the Board of Zoning Appeals for a parcel which is zoned for a residential use $200.00 Application for a special exception from the Board of Zoning Appeals for a parcel which is zoned for a commercial use $190.00 Application for a variance from the Board of Zoning Appeals '11Ir 46 $500.00, plus $75.00 per acre, or any portion thereof $400.00, plus $25.00 per acre, or any portion thereof $800.00, plus $25.00 per acre, or any portion thereof $900.00, plus $25.00 per acre, or any portion thereof $1,000.00, plus $25.00 per acre, or any portion thereof $100.00, plus $25.00 per acre, or any portion thereof $25.00 $150.00 $50.00, for 1-3 lots; $220.00, plus $50.00 per lot for over 3 lots Review of a comprehensive development plan Application for rezoning to a single family residential district designation Application for rezoning to a multi-family residential district designation Application for a rezoning to a commercial district designation or to an industrial district designation Application for a rezoning to a planned unit development designation Application for zoning a parcel to historic district designation Application for review of Basic Development Plan and a zoning permit Application for zoning verification Review of subdivision plat 47 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new and amended fees with regard to subdivision and zoning fees. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 4. The fees established by this Ordinance shall remain in effect until amended by this Council. 5. Pursuant to 112 of the Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. 6. This Ordinance shall be in full force and effect on July 1, 2002. APPROVED A~T:~ lf~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35870-052002. A RESOLUTION expressing gratitude to John H. Parrott for his years of service to the Hotel Roanoke Conference Center Commission. WHEREAS, the Hotel Roanoke Conference Center Commission was established by resolutions adopted by Virginia Polytechnic Institute & State University on November 18,1991, and by the City of Roanoke, Virginia, on April 14, 1992, pursuant to Chapter 440 of the 1991 Acts of Assembly of the Commonwealth of Virginia, adopted March 20,1991, to build and operate the Conference Center of Roanoke; and ...'.......".... 48 WHEREAS, the City Council appointed John H. Parrott to the Commission on July 1,1996; and WHEREAS, Mr. Parrott was elected Chairman of the Commission on November 20, 1997, and continued to serve in that position until 2002, when his term on the Commission expired; and WHEREAS, under Mr. Parrott's leadership as Chairman, the Commission discovered significant construction deficiencies in the Conference Center; and WHEREAS, Mr. Parrott's lengthy and distinguished career as one of Western Virginia's leading construction experts proved invaluable to the Commission as it investigated the Conference Center's complicated geotechnical and structural problems; and WHEREAS, Mr. Parrott, without any financial remuneration or incentive other than his commitment to the Commonwealth, took countless hours away from his construction consulting firm to review and reform a highly complex remediation plan for the Conference Center designed by the Commission's engineers and assist the Commission's lawyers in their multiparty litigation against those responsible for the building's defects; and WHEREAS, Mr. Parrott's sage counsel contributed mightily to the Commission's resounding success in 2001, when its construction litigation climaxed in a large financial settlement and the Conference Center remediation project concluded ahead of schedule and under budget; and WHEREAS, the Conference Center today stands as a better building in no small part because of the vigilance of the Commission's former chairman, John H. Parrott. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this means of recognizing and expressing its gratitude to John H. Parrott for his critical service during his tenure as Chairman of the Hotel Roanoke Conference Center Commission. APPROVED Ralph K. Smith Mayor A~/~ Mary F. Parker City Clerk - - - - - - - - - - - - - - 49 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35871-052002. A RESOLUTION paying tribute to the Roanoke Valley War Memorial Committee for its donation to the National D-Day Memorial. WHEREAS, the idea of a National D-Day Memorial was originated by a group of the Roanoke Valley; and WHEREAS, the founding board of the National D-Day Memorial Foundation was constituted predominately of citizens of this valley who pursued, nourished, and nurtured the development of the Memorial through the years since its inception in 1988; and WHEREAS, the D-Day Memorial was dedicated on June 6, 2001, to memorialize the valor, fidelity, and sacrifice of the Allied Forces on D-day, June 6, 1944; and WHEREAS, the dedication ceremony was attended by the President of the United States, survivors of the D-Day landing at Normandy, other veterans, numerous dignitaries, and many citizens of this and several other countries; and WHEREAS, the National D-Day Memorial is expected to continue to attract visitors to the Roanoke Valley and the Bedford area from across the country and around the world who recognize the value of Operation Overlord to freedom and democracy everywhere; and WHEREAS, the National D-Day Memorial Foundation is seeking contribution to retire its substantial outstanding debt from construction of the Memorial; and WHEREAS, the Roanoke Valley War Memorial Committee has maintained a special account containing the surplus from its creation and erection of the Roanoke Valley War Memorial at Lee Plaza in 1982; and WHEREAS, the Committee has voted to donate $5,000, or almost half of its surplus, in support of the National D-Day Memorial Foundation's fundraising campaign; and .....-.....".... 50 WHEREAS, the Committee hopes that its donation will inspire others to keep faith with those who breached the line of Nazi domination in Europe and pointed the way to victory over the Axis powers, as well as with those responsible for building the Memorial to honor this event. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. City Council hereby officially recognizes the significance of this gift from one of its standing committees and commends the Committee for its generosity; and 2. That other citizens, organizations, businesses, and governments are encouraged to duplicate the spirit of this donation so that this majestic and proud monument to one of the most heroic and meaningful events in history shall not be stained by failure to meet its just debts. APPROVED A~:6jj..f~ Mary F. Parker City Clerk Ralph K. Smith Mayor - - - - . - - . - - - - . - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35872-052002. A RESOLUTION memorializing the late Donald McArthur Young, a longtime resident of Roanoke. WHEREAS, the members of Council learned with sorrow ofthe passing of Mr. Donald McArthur Young, as a result of the September 11,2001 attack on the Pentagon; and WHEREAS, Mr. Young was a high school football star and graduate of William Fleming High School; and 51 WHEREAS, upon graduation from high school, Mr. Young received a scholarship to North Carolina A&T State University in Greensboro, N.C.; and WHEREAS, after college, Mr. Young became a career officer in the United States Navy and served for 21 years; and WHEREAS, a veteran of the Persian Gulf War, Mr. Young, was nominated for numerous medals, such as the Atlantic Fleet Sailor of the Year and the Service Warfare Award, and volunteered as the fitness coordinator for the Navy, training his fellow team members; and WHEREAS, Mr. Young was one of 189 victims in the September 11,2001 attack on the Pentagon; and WHEREAS, at the time of his death, Mr. Young served as Chief of Naval Operations-Information System Technician at the Pentagon in Arlington, Virginia; and WHEREAS, as a proud memberoftheAmerican military, Mr. Young was willing to give his life for his country and died while fulfilling the duties he loved. as follows: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Donald McArthur Young, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Young's widow, Felicia Young, of Virginia Beach, Virginia. APPROVED ?h~ j. ~ Mary F. Parker City Clerk Ralph K. Smith Mayor --.......,.,......... . 52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35873-052002. AN ORDINANCE authorizing the City Manager's issuance of Change Order No.2 to the City's contract with Mid Eastern Builders, Inc. for the relocation of the raw water pump manhole and strainer box, modifications to three restrooms for ADA compliance, and credits for reduced quantities of driver piles in connection with the Crystal Spring Water Treatment (Filtration) Plant PrOject; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 2 to the City's contract with Mid Eastern Builders, Inc. for the relocation of the raw water pump manhole and strainer box, modifications to three restrooms for ADA compliance, and credits for reduced quantities of driver piles in connection with the Crystal Spring Water Treatment (Filtration) Plant Project, all as more fully set forth in the letter to this Council dated May 20, 2002. 2. This Change Order will provide authorization for additions and reductions in the work with an increase in the amount of $1 08,216.00 to the contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Ralph K. Smith Mayor ATTEST: /J A -..., :/. r 6-oJ.... Mary F. Parker City Clerk - - - - - - - - - - - - - - ,"......... 53 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35874-052002. A RESOLUTION rejecting the proposal for Turnkey Parts Operation for the City's Fleet Division. WHEREAS, the City received only one proposal for Turnkey Parts Operation, and the City desires to reject the proposal from NAPA Auto Parts. BE IT RESOLVED by this Council of the City of Roanoke that: 1. Only one proposal was received forTurnkey Parts Operation, and a cost analysis of the NAPA Auto Parts proposal indicated that contracting the operation of the Fleet Warehouse would not result in any cost savings, but would result in an increased incremental cost of approximately $32,300.00. 2. Because the only proposal received would not result in a cost savings to the City, the proposal of NAPA Auto Parts is REJECTED, and the City Clerk is directed to notify the offeror and to express the City's appreciation for such proposal. APPROVED Ralph K. Smith Mayor ATTEST: ~ ~~ -j.r~ Mary F. Parker City Clerk - - - - - - - - - - - - - - . -"--"'T'"'. . 54 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35875-052002. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of telephone survey services to conduct an annual citizen survey; and documenting the basis forthis determination. WHEREAS, the City seeks to procure proposals from vendors to provide telephone survey services by conducting a citizen survey to receive public input in order to improve City services and to help guide the use of City resources. WHEREAS, this Council finds that the use of the procurement method of competitive negotiation for the above mentioned services will allow for consideration of the factors of experience, qualifications, and references which are of equal, if not greater, importance than the cost. WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke as follows: 1. Pursuant to Section 23.1-4(e), Code ofthe City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and/or is not fiscally advantageous to the public for the reasons set forth above for the procurement of telephone survey services for the purpose of conducting an annual citizen survey. 2. City Council directs that the procurement method known as competitive negotiation shall be used for the procurement of telephone survey services, as more fully set forth in the City Manager's Letter to this Council dated May 20, 2002. 55 3. This Resolution documents the basis for City Council's determination. APPROVED Ralph K. Smith Mayor (};~ l ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35876-052002. AN ORDINANCE authorizing the temporary closure, as needed, by barricade of certain public rights-of-way for outdoor dining in the City of Roanoke, Virginia, as is more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 35792-040201, on April 2, 2002, to provide for an outdoor dining program to be implemented within public rights-of-way and on public property in the City of Roanoke, subject to certain terms and conditions; WHEREAS, implementation ofthe outdoor dining program may require the temporary closure by barricade of portions of certain public rights-of-way; WHEREAS, streets that may be needed for the outdoor dining program are Market Street, S.E., from Salem Avenue, S.E., to Church Avenue, S.E., and Wall Street, S.E., from Salem Avenue, S.E., to Campbell Avenue, S.E., and the Market Square area south of Campbell Avenue, S.E.; and WHEREAS, closure of these streets and the Market Square area to vehicular and unrestricted pedestrian passage, as needed, during certain hours on a frequent basis for an extended period of time to implement the outdoor dining programs requires the authorization of City Council; and .............,11I'.... 56 WHEREAS, from all of the foregoing, the Council finds that no substantial inconvenience will result to any individual or to the public from temporary closure by barricade of said public rights-of-way to implement the outdoor dining program, and that such temporary closure will promote the safety and welfare of those dining outdoors in the public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that: 1. The public rights-of-way known as Market Street, S. E., from Salem Avenue, S. E., to Church Avenue, S. E., and Wall Street, S. E., from Salem Avenue, S. E., to Campbell Avenue, S. E., and the Market Square area south of Campbell Avenue, S. E., may be temporarily closed, as needed, by barricade between 6:30 p.m. and 3:00 a.m. of the next day, upon the issuance of an outdoor dining permit by the City Manager pursuant to section 30-9.1 of the City Code for outdoor dining within any portion of such public rights-of-way, provided that such closure shall be conditioned upon and in accordance with the terms and conditions of such outdoor dining permit. 2. Pursuant to the provisions of 112 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: ~ rh.. -.., J. r IV /.. Mary F. Parker City Clerk - - - - - - - - - - - - - - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35877-052002. AN ORDINANCE authorizing the City Manager to execute a Well Dedication Agreement and any related and necessary documents providing for the dedication of a portion of certain City owned property located at the intersection of Mount Pleasant Boulevard and Riverland Road, S.E., containing an area approximately 200 by 200 feet and being a portion of Official Tax Map No. 4360601, upon certain terms and conditions; and providing for an emergency. 57 WHEREAS, the City would like to use water from a well located on the above described property, known as the Muse Spring property, to supplement the City's water supply, subject to approval from the Virginia Department of Health (Health Department); and WHEREAS, the Health Department requires that the portion of the property occupied by the well site be dedicated for use only for water supply purposes and staff has recommended that such action be taken by Council. as follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a Well Dedication Agreement as required by the Health Department and any related and necessary documents providing for the dedication of a portion of certain City owned property known as the Muse Spring property located at the intersection of Mount Pleasant Boulevard and Riverland Road, S. E., containing an area approximately 200 by 200 feet and being a portion of Official Tax Map No. 4360601, upon certain terms and conditions as required by the Health Department and as set forth in the City Manager's Letter to Council dated May 20, 2002. 2. The City Manager is further authorized to take such further action, to include the recording of documents, and execute such other documents, including any plats of survey, as may be necessary to obtain Health Department Approval for use of the water from the well located on the above property to supplement the City's water supply. 3. All documents necessary for this action will be in a form approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED ATA~!L Mary F. Parker City Clerk Ralph K. Smith Mayor - - - - - - - - - - - - - - ...---m-...... .... ...... -.....,. . '. H '.,-.,...,...1t 58 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35878-052002. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural Urban and Community Forestry Plan (1). . . . . . . . . . . . . . . . . . . . . . $ 48,000.00 15,000.00 Revenues Parks, Recreation and Cultural Urban and Community Forestry Plan (2). . . . . . . . . . . . . . . . . . . . . . 48,000.00 15,000.00 1) Urban and Community Forestry Grant (035-620-4343-3004) $ 15,000.00 2) Federal Grant Receipts (035-620-4343-4342) 15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED A~~ ! fL Ralph K. Smith Mayor Mary F. Parker City Clerk - . - - - - - - - - - - - - 59 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35879-052002. A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of $15,000.00. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Virginia Department of Forestry, or any other party, fOi the City's acceptance of this grant, upon form approved by the City Attorney, as more particularly set forth in the City Manager's letter dated May 20,2002, to this Council. APPROVED A~~ I ~ Mary F. Parker City Clerk Ralph K. Smith Mayor - - - - - - - - - - - - - - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35880-052002. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by repealing Chapter 22.1, Pensions and Retirement, consisting of 1122.1-1 through 22.1-82, and enacting new Chapter 22.2, Pensions and Retirement, consisting of 1122.2-1 through 1122.2-75, such new Chapter consolidating, . '~----m-"'"'' 60 reorganizing, and recodifying pension systems ofthe City, specifically, Police and Fire System, the Employees' Retirement System and the Employees' Supplemental Retirement System; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of a new Chapter 22.2. Pensions and Retirement, consisting of 1122.2-1 through 22.2-75, to read and provide as follows: Chapter 22.2 PENSIONS AND RETIREMENT ARTICLE I. GENERAL Sec. 22.2-1. Preamble. On August 30,1926, the City of Roanoke 'established its first retirement system covering employees of the fire and police departments (fire and police system). Effective July 1, 1946, another pension plan, the employees' retirement system (ERS), was established to cover employees of the fire and police departments, as well as other employees of the city. The fire and police system covered only those fire and police employees of the city whose date of hire was on or before December 31, 1945. The fire and police system shall exist until such time as all payments promised to its covered retirees and beneficiaries have been made, and no other liabilities for payment exist. Those retirees and beneficiaries of the fire and police system shall remain under the terms and conditions of the fire and police system. The employees' retirement system (ERS) has been amended from time to time in order to increase retirement benefits, eliminate mandatory employee contributions, and voluntarily comply with certain provisions ofthe Employee Retirement Income Security Act of 1974. By Ordinance No. 27061, adopted on June 18, 1984, City Council amended and restated the ERS effective July 1, 1984. The ERS was replaced for certain active Members by the employees' supplemental retirement system (ESRS) which covers employees of Participating Employers (1) who voluntarily elected to cease membership in the ERS and begin participation in the ESRS, and (2) new employees of Participating Employers whose date of hire or rehire is on or after July 1,1984. ESRS did not affect the rights of any current beneficiaries as of June 30,1984. The fire and police system, ERS and ESRS shall share one (1) common trust fund from which all benefits shall be paid without distinction as to the source of the funds and which shall be administered by one (1) board of trustees. By Ordinance No. 35880-052002, adopted on May 20,2002, City Council amends and restates the Pensions and Retirement Chapter generally effective June 1, 2002. Certain provisions have retroactive effective dates as indicated in the text in order to comply with federal tax laws. The purpose of the amendment and restatement is to assure compliance with federal tax laws and to streamline the administration of the benefits provided under this Chapter. Nothing in this amendment and restatement ofthe Pensions and Retirement Chapter shall decrease Creditable Service or Earnable Compensation under the terms of the Chapter as it existed prior to its amendment and restatement. The fire and police system, ERS and ESRS shall hereafter collectively be referred to as the City of Roanoke Pension Plan (City Plan). Sec. 22.2-2. Definitions. The following words and phrases, as used herein, shall have the following meanings, unless a different meaning is plainly required by the context. Words importing male gender shall be construed to include female, and singular words shall be deemed to include plural and plural words shall be deemed to include singular, whenever appropriate. As used in this Chapter: ---r' 61 62 Accrued Benefit shall mean the amount of a Member's monthly Pension computed at any time according to the terms and conditions which are applicable to the Member, the equivalent value of which is payable for the lifetime of a Member beginning at his Normal Retirement Age. Accrued Benefits shall be based on the formula in section 22.2-43 for ESRS Members and in section 22.2-47 for ERS Members. Creditable Service and Average Final Compensation as of the effective date of the calculation shall be used. Actuarial equivalent shall generally be computed based on five percent (5%) interest and the UP84 unisex mortality table except where different factors are specifically set forth in this Chapter, or are adopted by the Board and set forth in the Administrative Procedures Manual maintained by the Board. Beneficiary shall mean any person entitled to benefits under this Chapter. Board or Board of Trustees shall mean the Board of Trustees provided for in Article II of this Chapter. City shall mean the City of Roanoke, Virginia. City Council shall mean the Council of the City of Roanoke. City of Roanoke Pension Plan or City Plan is a collective term referring to three (3) pension systems, as follows: (1) The police and fire department pension plan as in effect on July 1, 1946, including any subsequent amendments; (2) The employees' retirement system (ERS) as in effect on June 30, 1984, including any subsequent amendments; and, 63 (3) The employees' supplemental retirement system (ESRS) as in effect on July 1, 1984, including any subsequent amendments. Creditable service shall mean service as described in Article VI of this Chapter. Disability Retirement shall mean a retirement that is based upon a disability and not upon a Member's age and service. Earnable Compensation shall mean all usual and regular compensation from a Participating Employer plus salary supplements and the Participating Employer's contribution to the deferred compensation plan established under Section 457 of the Internal Revenue Code of 1986, as amended, excluding overtime pay, imputed income under Section 79 of the Internal Revenue Code of 1986, as amended, and any lump sum payment made upon separation from service for unused paid time off or for unused extended illness leave pursuant to regulations promulgated by the city manager, in the case of a City Employee (or by the governing body of any other Participating Employer in the case of an Employee of such other Participating Employer), in whatever manner paid. In cases where compensation is not all paid in money, the Board shall fix the value of that part of the compensation not paid in money. Earnable Compensation shall include compensation subject to a salary reduction or deferred compensation agreement between an Employee and the Participating Employer pursuant to Section 125, 132(f)(4) of the Code (for plan years and limitation years beginning on or after January 1, 2001), 402(g)(3) or 457(b) of the Internal Revenue Code (and elective deferrals or contributions under any other sections of the Internal Revenue Code covered by Section 415(c)(3)(D) of the Internal Revenue Code), which compensation is not actually or constructively received by the Employee. Employee shall mean any person employed in any capacity by a Participating Employer. "~"-"""II""'.." 64 Eligible Employee shall mean (1) Any officer or employee of the City, the Roanoke Regional Airport Commission, or the Roanoke Valley Detention Commission; except a part-time officer or Employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), and (2) Police and fire personnel employed on or after the first day of January, 1946; (3) The city manager, city attorney, director of finance, municipal auditor, director of real estate valuation and the city clerk (the "council appointed officers"); (4) Every officer and other person employed by the City School Board who is not eligible for membership in the Virginia Retirement System or successor plan except a part-time officer or Employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), or, an Employee who is employed solely as a bus driver; (5) Every Employee of the Roanoke Valley Resource Authority who became an Employee of such Authority upon its creation pursuant to the terms of the Distribution and Indemnification Agreement dated October 23,1991. No additional Employees of the Roanoke Valley Resource Authority shall be eligible to participate in the City Plan; (6) Every Employee of the Roanoke Valley Detention Commission who became an Eligible Employee pursuant to the terms of the Agreement dated October 7, 1998; whether or not such Employees meet the criteria set forth in clause (1) of this Section; and, (7) Constitutional officers and employees of constitutional officers who by contract with the City are included in the City Plan. The sheriff of the City and all deputies and Employees in said office, and their successors and all subsequent Employees in such office are not Eligible Employees. Members of City Council shall be deemed "Eligible Employees". Employees of the Virginia Supreme Court and of the Juvenile District Court who, in 1982, made the irrevocable election to remain in the City Plan are Eligible Employees. Such an Employee shall remain subject to the irrevocable election for so long as he or she remains employed by the court system, without a separation from employment. Employees of the City as of July 1,2000, whose positions are funded by grants shall be deemed "Eligible Employees" if they have elected to become a Member by making an irrevocable election to do so in the manner set forth by the Board of Trustees. Employees hired by the City after July 1, 2000, whose positions are funded by grants shall be deemed "Eligible Employees". In all cases of doubt, the Board shall determine who is an "Eligible Employee" within the meaning of this Chapter, subject however, to review by City Council. Medical Examiner shall mean those persons designated pursuant to section 22.2-18. Member shall mean any person included in the membership of the City Plan as provided in Article V. Participating Employer shall mean the City and any employer who with the consent of the City Council upon recommendation by the Board shall adopt the City Plan; provided that the employer is a governmental employer as ,......,......."...., 65 66 defined in Section 414(d) of the Internal Revenue Code of 1986 as amended. The current Participating Employers are: the City, City of Roanoke School Board; Roanoke Regional Airport Commission; Roanoke Valley Resource Authority; and Roanoke Valley Detention Commission. The Board shall keep a record of the dates participation began. Pension shall mean annual payments for life, payable in monthly installments continuing up to the last payment which shall be made for the month in which the date of death occurs, except as otherwise provided in this Chapter. Service shall mean service as an Employee of a Participating Employer. Service Retirement shall mean a normal or early retirement that is based upon a Member's age and service alone and not upon disability or death. Sec. 22.2-3. Falsifying statements, reports or records. Whoever, with intent to deceive, shall make any statements or reports required under this Chapter which are untrue, or shall falsify or permit to be falsified any record or records of the plan shall be guilty of a Class I misdemeanor. Sec. 22.2-4. Rights, benefits and plan money not subject to assignment, execution, garnishment, etc. The right of a person to a pension, any optional benefit or death benefit, any other right accrued or accruing to any person under the provisions of this Chapter and the money in the various accounts created by this Chapter shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or any other process of law whatsoever, and shall be unassignable. The provisions of this section prohibiting the assignment or alienation of benefits shall not apply to a domestic relations order which is determined by the secretary-treasurer of the City Plan or his designee to be an approved domestic relations order as defined by section 414(p) ofthe Internal Revenue Code, as applicable to governmental plans. The Board shall establish procedures for review, approval and administration of such orders. Sec. 22.2-5. City employees who are subsequently reclassified as employees of the Commonwealth of Virginia. Should any Member of the City Plan be voluntarily or involuntarily reclassified as an employee of the Commonwealth of Virginia such individual may elect to remain as a Member of the City Plan or elect to participate in another retirement plan if such option is available. Should the Member join any other retirement plan he will be treated as having terminated active membership in the City Plan and be entitled to receive only his vested benefits earned priorto termination of active membership. Sec. 22.2-6. Right to accrued benefits upon termination of City Plan. In the event of termination of the City Plan, the rights of each Member to benefits accrued to such date shall be nonforfeitable to the extent then funded. If all Accrued Benefits are not funded they shall be paid in the following order: (1) Present value of benefits to those currently receiving or eligible to receive benefits; (2) All others. Sec. 22.2-7. Amendments to chapter and effect on Participating Employers. (a) The City Council shall have the continuing right and power to amend or supplement this Chapter at any time, which right and power is hereby expressly reserved, but no amendment shall be adopted which will reduce the then Accrued Benefits of Members or Beneficiaries below the extent they are then covered by City Plan assets. "~---mr-"" 67 68 (b) Such amendments shall apply to all Employees of Participating Employers unless City Council specifically provides that such amendments may be rejected by Participating Employers. ARTICLE II. ADMINISTRATION Sec. 22.2-8. Board of Trustees generally. (a) The general administration and the responsibility for the proper operation of the City Plan and for making effective the provisions of this chapter are hereby vested in the Board of Trustees. Each Board member shall discharge his duties with the care, skill, prudence, and diligence of a prudent man acting in like capacity and familiar with such matters. (b) The Board shall be appointed by City Council and consist of nine (9) trustees as follows: (1) The mayor, ex officio. (2) The city manager, or his designee, ex officio. (3) The director of finance, ex officio. (4) Two (2) trustees, each of whom shall be a Member of the City Plan and an Employee of a Participating Employer (but only one of the two shall be an Employee of a Participating Employer other than the City), but not a member of any of the departments specified in paragraph (5) of this subsection. A Participating Employer representative shall be appointed as of the next Board vacancy occurring after the effective date of the Plan restatement. Each successor shall be appointed for a four-year term. (5) One trustee, who shall be a Member of the City Plan and either of the City's police or the City's fire department. Successors shall each be appointed for a two-year term. Successors shall be appointed from the alternate department not represented by the incumbent trustee. (6) One trustee who is a resident of the City and a retired Member of the City Plan. Successors shall be appointed for two-year terms. (7) Two (2) trustees who are residents of the City but not Members of the City Plan. Such trustees shall have demonstrated experience in either investment of institutional funds or pension administration. Such trustees shall serve staggered four-year terms. (c) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (d) The trustees, as such, shall serve without compensation. (e) Each trustee shall, within ten (10) days after his appointment, take the oath prescribed by section 59 of the City charter. (f) Each trustee shall be entitled to one (1) vote on the board. Five (5) concurring votes shall be necessary for a decision by the trustees at any meeting of the Board, and five (5) trustees shall constitute a quorum of the Board. Sec. 22.2-9. Application of Conflict of Interest Act. The provisions ofthe State and Local Government Conflict of Interest Act ( VA. Code Section 2.2-3100 et seq.) shall apply to members of the Board. Sec. 22.2-10. Election and appointment of officers of board; employment of services. The Board shall elect from its membership a chair and a vice-chair. The Board may employ such actuarial, medical and other services as shall be required. >. ..-.."......... 69 70 Sec. 22.2-11. Rules and regulations of Board. Subject to the limitations of this Chapter, the Board shall, from time to time, establish rules and regulations for the administration of the City Plan and for the transaction of its business. Sec. 22.2-12. Board's records and reports. (a) The Board shall keep in convenient form such data as shall be necessary for actuarial valuation of the City Plan and for checking the experience of each system. (b) The Board shall keep a record of all its proceedings, which shall be open to public inspection. It shall submit to the City Council, annually, a report showing the fiscal transactions of the City Plan for the preceding year, the amount ofthe accumulated cash and securities ofthe City Plan, and the financial report indicating the financial condition of the City Plan. Such report shall be made in the form and contain the information required by the current financial accounting standards applicable to public pension funds. Sec. 22.2-13. Board's legal advisor. The city attorney shall be the legal advisor of the Board. Sec. 22.2-14. Secretary-treasurer; duties. The director of finance shall be the secretary-treasurer of the Board. It shall be the duty of the secretary-treasurer to submit to the Board records deemed necessary to administer properly the City Plan. Sec. 22.2-15. Correction of errors in benefit payments. Should any change or error in the records of the City Plan result in any Member or Beneficiary receiving more or less than he would have been entitled to receive had the records been correct, the Board shall have the power to correct such error, and as far as practicable, to adjust the payments in such a manner that the Actuarial Equivalent of the benefit to which such Member or Beneficiary was correctly entitled shall be paid. I. ..,.......... Sec. 22.2-16. Written application for retirement benefits. In order to receive payment for any benefit which becomes payable from the City Plan, a Member or his Beneficiary shall complete the application and other forms prescribed by the secretary-treasurer of the City Plan. The Board shall have the authority to establish reasonable procedures governing the application for any benefits payable under the City Plan. Such procedures shall be set forth in the Administrative Procedures Manual maintained by the Board. Sec. 22.2-17. Requirement to use employee's social security number. A Member shall be required to disclose his social security account number as a condition of membership. The Board and secretary-treasurer shall be authorized to use such number for the purpose of Member identification. Sec. 22.2-18. Examiners. Designation and duties of Medical The secretary-treasurer of the City Plan shall designate as Medical Examiners licensed medical doctors or other health care professionals who are not eligible to participate in the City Plan. A Medical Examiner shall arrange for and conduct all medical examinations required to determine whether a Member is disabled, shall review medical records of the Member's personal physicians, shall review all essential statements and certificates by or on behalf of a Member in connection with application for Disability Retirement and shall report in writing to the Board his conclusions and recommendations upon all the matters referred to him. Sec. 22.2-19. Designation and duties of actuary; certification of contribution rates; adoption of tables; etc. (a) The Board shall designate an actuary or actuarial consulting firm who shall be the technical advisor of the Board on matters regarding the operation of the City Plan and who shall perform such other duties as are required. Such actuary or actuarial firm must have at least one (1) actuary who is a Fellow of the Society of Actuaries. '-_."'"T" .---......-.., 71 72 (b) The Board shall certify, from time to time, the rates of contribution payable under the provisions of this Chapter, and shall adopt for the systems, from time to time, such mortality, service and other actuarial tables as shall be deemed necessary; and on the basis of such tables, the actuary shall make annually an actuarial valuation of the assets and liabilities of the systems. At least once in each five-year period, the Board shall cause an actuarial investigation to be made into the mortality, service and compensation experience ofthe Members and Beneficiaries of the systems. Such investigation shall be used as a basis for revisions to existing actuarial tables or the adoption of additional actuarial tables to be used to value the assets and liabilities of the systems. ARTICLE III. TRUST FUND AND INVESTMENTS Sec. 22.2-20. Accumulated assets. The Board may invest the assets of any system or program it administers on a pooled or consolidated basis. Sec. 22.2-21. Investment of assets; standard of care. (a) The members of the Board shall be trustees of all the assets of the City Plan and shall have the full power and authority to invest and reinvest such assets, and to change such investments and reinvestments from time to time as authorized by law. (b) Pursuant to the standards set forth in Section 803 of Title 51.1 of the Virginia Code, the Board shall discharge its duties with respect to the City Plan solely in the interest of the Members and Beneficiaries thereof and shall invest the assets of the City Plan with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and like aims. The Board shall also diversify such investments so as to minimize large losses unless under the circumstances it is clearly prudent not to do so. Sec. 22.2-22. Exemption from Public Procurement Act. The selection of services related to the management, purchase, or sale of authorized investments, including but not limited to actuarial services shall be governed by the standard of care in section 22.2.-21 and shall not be subject to the provisions of the Virginia Public Procurement Act. Sec. 22.2-23. [Reserved] Sec. 22.2-24. Custodian of assets; payments from funds. (a) The Board shall designate a bank or trust company to be the custodian of the assets of the City Plan. (b) When the Board shall have designated a bank or trust company to be custodian of certain or all of the assets of the City Plan, the Board may, by resolution adopted by the Board, authorize such bank or trust company to hold all or any of the stock or registered securities of the City Plan entrusted to the custody of such bank or trust company in the name of a nominee of such bank or trust company as provided in the first paragraph of section 6.1-31 of the Code of Virginia, (1950), as amended, and the resolution of the board providing such authorization may further designate the nominee of such bank in whose name such stock and securities may be so held by the bank. Sec. 22.2-25. Limitation on use of assets. No member or employee of the Board shall have any direct or indirect interest in the gains or profits of any investment made by the Board, nor as a member of the Board receive any payor compensation for his service. No member or employee of the Board shall, directly or indirectly, for himself or as an agent, in any manner use the assets of the City Plan, except to make such current and necessary payments as are authorized by the Board. ,..._-""'1\1I'"'"..... . 73 74 Sec. 22.2-26. Diversion of City Plan assets. Upon no circumstances at any time prior to the satisfaction of all liabilities with respect to Members and their Beneficiaries under the trust shall any part of the trust corpus or income of the City Plan be used for or diverted to any purpose other than for the exclusive benefits of the Members and their Beneficiaries and for the reasonable administrative expenses of the City Plan. ARTICLE IV. CONTRIBUTIONS Sec. 22.2-27. Employer contributions. (a) No contribution shall be deducted after May 31, 1973, from the compensation of Members, and the contributions payable by the Participating Employers shall be determined as provided in this section. (b) The contributions to the City Plan made each year by the Participating Employers shall consist of a certain percentage ofthe Earnable Compensation of each Member to be known as the "normal contribution" and the "accrued liability contribution". (c) The normal contribution for each Participating Employer shall be determined after each actuarial valuation and shall be based on the normal cost determined under the actuarial cost method used to complete the valuation. The actuarial cost method shall be any generally accepted actuarial cost method adopted by the Board for the purposes of completing the valuation. (d) The accrued liability contribution of each Participating Employer shall be determined after each actuarial valuation and shall be based on the accrued liability determined under the actuarial cost method used to complete the valuation. The unfunded or overfunded accrued liability, and any changes in the unfunded or overfunded accrued liability due to plan amendments, assumption changes, or experience gains or losses, shall be amortized as a level percent of pay over a period not to exceed thirty (30) years in accordance with acceptable GASB standards. (e) The total amount payable by each Participating Employer in each year shall be sufficient, when combined with the assets of the system, to provide the benefits payable to Members and Beneficiaries then current. (f) For valuation purposes the value of the assets must reflect current market value as of June 30 of each year, however, unrealized gains and losses or appreciation/depreciation may be phased in over a period of time at the Board's discretion. (g) The actuary shall show separately the cost for each of the systems and, if requested by the Board, shall separate the cost of the deputized police officers and firefighters from all other Employees within each system, and, if requested by the Board, shall show separately the cost for each Participating Employer. (h) All reasonable administrative expenses shall be paid from the trust. (i) On or before March 1 of each calendar year, the Board shall file with the city manager and the governing body of each additional Participating Employer its certification of the amount of appropriations necessary to pay the required contribution as certified by the City Plan's actuary and such amount shall be included in the Participating Employer's budget in accordance with budget procedure. ARTICLE V. MEMBERSHIP Sec. 22.2-28. Membership generally. (a) Any Eligible Employee shall become a Member of the of the City Plan. (b) A MemberofERS on June 30,1984 and who has not elected during election periods provided at various times between June 30, 1984 and July 1, 2000 to transfer to ESRS may continue as an ERS Member. No other person is eligible to become an ERS Member. '"m" ~.._"," . 75 76 (c) Members or Beneficiaries of the police and fire department pension plan shall continue as part of that system, and shall not be eligible to transfer to the ESRS. (d) On and after July 1, 1986, members of City Council shall be Members of ESRS. City Council members shall be accorded creditable service for all service as a member of City Council, whether continuous or not, including service prior to July 1,1986. (e) A Member of the City Plan may earn a benefit from only one (1) system. Sec. 22.2-29. Election of benefit under ERS or ESRS for Members of ESRS having forty-two (42) or more years of creditable service. Any Member of the ERS on June 30, 1984, who subsequently elected to transfer to ESRS and who thereafter attains forty-two (42) or more years of Creditable Service shall have his Accrued Benefit at the time of retirement calculated pursuant to the terms of ERS and ESRS, and such Member shall elect to be paid his Accrued Benefit under either ERS or ESRS prior to the commencement of payment of any benefits under the City Plan. Sec. 22.2-30. Employees of constitutional offices and judges of courts of record not to receive benefits while being compensated by city for services rendered. Notwithstanding any provision contained in this Article, no assistant, deputy or employee in any constitutional office and no employee of any judge of a court of record shall receive any benefit under this Chapter during any period of time in which such person may also receive from the City any compensation for services rendered as an elected officer, or any judge of a court of record after being retired pursuant to this Chapter. I "'~ Sec. 22.2-31. Restoration of beneficiaries to membership. (a) Should a disability Beneficiary under Normal Retirement Age be restored to or be in Service at a compensation equal to or greater than his Average Final Compensation at retirement (adjusted by any cost of living adjustments granted since his last day of Service), or should any other Beneficiary be restored to Service prior to his Normal Retirement Age, his Pension shall cease and he shall become a Member of ESRS. Anything in this Chapter to the contrary notwithstanding, any Prior Service Certificate on the basis of which his Creditable Service was computed at the time of his retirement shall be restored to full force and effect and he shall be credited with all Creditable Service as a Member standing to his credit at the time of his retirement; provided, however, that his Pension upon subsequent retirement shall be no less than the sum of his previous Pension plus the amount computed on the basis of his Creditable Service and Earnable Compensation for the period after his restoration. (b) Should any Beneficiary be restored to service on or after his Normal Retirement Age, the Pension shall be discontinued during the period of restoration, and he shall become a Member of the ESRS but in the event of his death during such period any payment under an optional benefit, if one (1) has been elected and has become effective, shall commence. Such a Member shall be considered a new Member with respect to service rendered subsequent to his restoration; except, that his Normal Retirement Age shall be the same as before restoration. (c) If a former employee who is entitled to a deferred early service retirement allowance or a deferred vested allowance returns to service as an Eligible Employee of a Participating Employer before such allowance has become payable, he shall become a Member of the ESRS upon his return, and his retirement allowance payable on subsequent retirement shall be computed in accordance with the provisions of this Article in effect at such time on the basis of service standing to his credit at the time of his termination and service credited to him after his return. '_.........,...>..... , 77 78 (d) Any Member who is reemployed by a Participating Employer shall not have his Pension reduced below the level he was receiving or was eligible to receive prior to reemployment. This requirement applies both to the amount of Pension and eligibility for receiving payment. (e) Should any Beneficiary receiving a pension be elected a member of City Council, such beneficiary may make an irrevocable election to: (1) Discontinue receiving such Pension pursuant to the provisions of section 22.2-31(b) above, and accrue additional Creditable Service for serving on City Council; or (2) Continue to receive a Pension, but forego the accrual of additional Creditable Service for serving on City Council. ARTICLE VI. CREDITABLE SERVICE DIVISION I - General Sec. 22.2-32. Definitions. Creditable Service means Membership Service plus Prior Service. Membership Service shall mean service as a Member for which credit is allowable as provided in sections 22.2-37 and 22.2-40 and service which is otherwise expressly credited as Membership Service pursuant to sections 22.2-41, 22.2-33, 22.2-38 and 22.2-39. Prior Service shall mean service rendered prior to becoming a Member for which credit is allowable as provided in sections 22.2-35, 22.2-74, and 22.2-41. Prior Service Certificate shall mean a certificate issued by the Board of Trustees granting Prior Service. Sec. 22.2-33. Service Credit during leaves of absence. (a) No service credit shall be allowed for any period of thirty (30) or more days during which an employee was absent without pay; provided, however, any period of leave under the Family and Medical Leave Act of 1993 shall be treated as Membership Service for purposes of vesting and eligibility to participate (but not for the accrual of additional benefits). (b) Periods for which an Eligible Employee is receiving workers' compensation shall also be treated as Membership Service for purposes of vesting and eligibility (but not for the accrual of additional benefits). Such workers' compensation related periods shall be credited upon the eligible employee's return to service. (c) For a Member who has unused extended illness leave pursuant to section 2-55 of the City of Roanoke Code; or pursuant to the administrative process set by the Roanoke Valley Regional Airport Commission, seventy- five (75) percent of such Member's unused extended illness leave balance upon the date of retirement shall be converted to Creditable Service not to exceed one (1) year of Creditable Service; provided no Member shall use conversion of extended illness leave to meet vesting requirements of ESRS or ERS; no retirement allowance for any Member converting extended illness to Creditable Service shall exceed sixty-three percent (63%) of Average Final Compensation; and, such Member must begin receiving a retirement allowance immediately upon termination from employment. The Service Credit described in this section shall not be granted to Members who are Employees of the City School Board or the Roanoke Valley Resource Authority. Sec. 22.2-34. [Reserved] Sec. 22.2-35. Restoration of prior Creditable Service. If a Member is hired by a Participating Employer, prior Creditable Service (if any) will be reinstated upon application therefor when the following conditions are met: '-~-""'"IIIr"'C"'''..' 79 80 (1) The Member, other than a member of City Council, shall work one (1) continuous year after returning as an Eligible Employee before qualifying for prior Creditable Service; except when such person dies or becomes disabled after returning to service with a Participating Employer, in which case he shall become entitled to credit for prior Creditable Service as of the date of such death or disability without having to meet the requirement of one (1) year of continuous service. (2) If the Member received a lump sum distribution for the full value of his pension previously earned, the lump sum is paid back with interest, at the rate of five (5) percent per annum compounded, within ninety (90) days after reemployment. Sec. 22.2-36. Service Generally. Except as provided in section 22.2-28, a Member shall be entitled to Creditable Service, for purposes of calculating retirement benefits, for all time such Member was an Eligible Employee, as defined in section 22.2-2, whether such service was continuous or not and regardless of breaks or interruptions in such service with any Participating Employer. In order to qualify for any Creditable Service, such Member shall not be required to make any contributions to the system nor shall such Member be required to have left contributions in the system upon ceasing to be an Employee. No Member shall, except as required in section 22.2-74, be allowed Creditable Service for time during which such Member was not an Eligible Employee of a Participating Employer. DIVISION II - ESRS Service Sec. 22.2-37. ESRS Service credit. Each Eligible Employee shall receive credit for all Membership Service rendered while a Member of ESRS and any Prior Service with the ERS. Sec. 22.2-38. Portability. (a) The Board may enter into an agreement with the Virginia Retirement System (VRS) or another political subdivision of the Commonwealth having a defined benefit plan which is not supplemental to the Virginia Retirement System, whereby any vested ESRS Member may be granted Creditable Service, as determined by the Board, for service rendered with the VRS orwith, another political subdivision upon the transfer of assets pursuant to the agreement and in accordance with the procedures established by the Board. (b) The Board may transfer assets on behalf of a vested Member to the VRS pursuant to the agreement between the Board and the Virginia Retirement System. (c) The Board may transfer assets on behalf of a vested Member to a defined benefit plan of another political subdivision of the Commonwealth which is not supplemental to the VRS pursuant to the agreement between the Board and such other political subdivision. Sec. 22.2-39. Purchase of service. (a) Creditable Service for purposes of this Article shall also include service purchased by an ESRS Member pursuant to this section and in accordance with the procedures established by the Board. Upon completion of a service purchase described herein, the Board of Trustees, or its delegate, shall issue a Prior Service Certificate relating to the purchased service. "~~-'"T""" 81 82 (b) Any Member in service who has been credited with five (5) or more years of Creditable Service or who will become vested as a result of the current purchased service, may, pursuant to the procedures described in subsections (d) or (e), purchase Creditable Service for all or part of the following: (1) Certified Creditable Service with a retirement system with which the city has entered into a portability agreement pursuant to subsections (a) and (b) of section 22.2-38 and section 51.1-801.1, Code of Virginia. (2) Service with the City in a grant position prior to July 1, 2000. Member must pay an amount equal to a percentage of the Member's present annualized Earnable Compensation or his Average Final Compensation during his thirty-six (36) highest consecutive months of Creditable Service (as determined pursuant to section 22.2-42). The percentage of present Earnable Compensation or average Earnable Compensation, whichever is greater, to be charged shall be determined by the City Plan's actuary based on reasonable factors and assumptions approved by the Board of Trustees intended to reflect the actual cost to the City Plan of the benefit to be provided as a result of the purchased service. If the Member does not pay the entire amount required, the Member's actual Creditable Service shall be prorated on a linear basis. Notwithstanding the foregoing, if the Member does not pay the entire amount required due to the Member's death while an employee and such Member does not have sufficient Creditable Service to be entitled to a death benefit under section 22.2-67, then the amount paid by the Member to purchase service shall be refunded to the Member's spouse or if none, to the Member's estate as soon as possible following the date of the Member's death. (c) No service may be purchased under this section if such service is considered in the calculation of any retirement benefit either under this Chapter as a result of portability or by another retirement system. I ,.,............. (d) Upon an election by a Member to purchase Creditable Service pursuant to this section and the receipt by the Participating Employer of a binding and irrevocable salary reduction election executed by the Member on a form provided by the Board for this purpose, the Participating Employer shall pay to the City Plan an equivalent amount in lieu of the Member's contribution required to purchase Creditable Service pursuant to this section. The Member shall not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the Participating Employer to the City Plan. Such election shall not be effective prior to the receipt of the signed election. Contributions made by the Participating Employers pursuant to this section shall be considered Earnable Compensation for purposes of this Chapter. Such contributions shall be paid to the trust fund by the Participating Employer from the same source of funds as used in paying the wages to affected Members. Creditable Service available for purchase that is not purchased using the procedure described in this subsection may be purchased using the procedure described in subsection (e). (e) In lieu of the purchase by salary reduction election as described in subsection (d) or in addition thereto, the City Plan shall accept a direct trustee-to-trustee transfer of a lump sum in cash from a plan established pursuant to 457(b) of the Internal Revenue Code of 1986, as amended by a governmental employer or a plan or program established pursuant to Section 403(b) of the Internal Revenue Code of 1986, as amended as payment by a Member for the purchase of Creditable Service described in subsection (b). Creditable Service purchased with the lump sum shall be determined by dividing the lump sum by the applicable percentage described in subsection (b) multiplied by the greater of the Member's present annualized Earnable Compensation or his Average Final Compensation during his thirty-six (36) highest consecutive months of Creditable Service (as determined pursuant to section 22.2-42). Creditable Service available for purchase that is not purchased using the procedure described in this subsection, may be purchased using the procedure described in subsection (d). , -'-"'"'l!I!"""'" 83 84 DIVISION III - ERS Service Sec. 22.2-40. ERS Service credit. Each Eligible Employee commencing service, for the first time, after July 1, 1946, shall receive Membership Service for all service rendered while a Member of ERS. Sec. 22.2-41. Prior Service credit generally. Service prior to July 1, 1946 for employees whose date of hire was before July 1,1946 shall be based upon the Prior Service Certificate, the Employee's statement of all service as an Employee rendered by him prior to said date for which he claims credit, whether continuous or not, and of such other facts as the Board may require for the proper operation of the system. The Board shall fix and determine, by appropriate rules and regulations, the amount of service in any year which is equivalent to a year of service, but in no case shall more than one (1) year of service be creditable for all service in one (1) calendar year, nor shall the Board allow credit as service for any period of more than one (1) month's duration during which the Employee was absent without pay. The Board shall verify, as soon as practicable after the filing of such statements of service, the service therein claimed, and shall issue Prior Service certificates certifying to each Member the number of years of Prior Service with which he is credited. As long as membership continues, a Prior Service Certificate shall be final and conclusive for retirement purposes as to such Prior Service credit; provided, however, that any Member may, within one (1) year after the date of issuance or modification of such certificate, request the Board to modify or correct his Prior Service Certificate. I-'._...".'-~ ARTICLE VII. DETERMINATION OF BENEFITS DIVISION I - ESRS Sec. 22.2-42. ESRS Definitions. Average Final Compensation (as used for purposes of determining retirement allowances under this division) shall mean the average annual Earnable Compensation, as defined by section 22.2-2, of a Member during the thirty-six (36) consecutive months during which the Member has Creditable Service yielding the highest such average prior to retirement. Months in which the Member has no Creditable Service shall not be included in determining the thirty-six (36) consecutive months. System shall mean the Employees' Supplemental Retirement System of the City of Roanoke hereinafter referred to as the ESRS. Normal Retirement Age means: (1) For firefighters and deputized police officers the earlier of (i) attainment of age sixty-five (65) and five (5) years of Creditable Service, or (ii) the attainment of age forty-five (45) and any combination of age and years of Creditable Service that equals not less than the sum of seventy (70). Only service as a firefighter or deputized police officer shall be credited to determine eligibility; provided, however, should any firefighter or deputized police officer become disabled for his regular duties as a firefighter or deputized police officer as a result of an accident occurring in the line of duty or as a result of an occupational disease and such firefighter or deputized police officer is transferred to another position in the City service, then such Member shall continue to accrue Creditable Service as a firefighter or deputized police officer and shall remain subject to the Normal Retirement Age established by this subsection as if he had remained a firefighter or deputized police officer. Any Member employed on '__~H"'" 85 86 December 1, 1997, as a firefighter who was employed by the City in an emergency medical services capacity prior to October 30, 1995, shall receive credit under this subpart for service from the later of (i) July 1,1989, or (ii) the date on which the employee became a Member working in an emergency medical services capacity. (2) For all other Members not described in (1) above the earlier of (i) the attainment of age sixty- five (65) and five (5) years of Creditable Service, or (ii) the attainment of age fifty (50) and any combination of age and years of Creditable Service that equals not less than the sum of eighty (80). (3) With respect to any person employed after having attained the age of sixty (60) years, Normal Retirement Age shall be such person's age upon employment increased by five (5) years. Sec. 22.2-43. Normal service retirement. (a) Eligibility. A Memberwho remains an active Member until his Normal Retirement Age shall be eligible to receive an unreduced normal retirement benefit commencing on the first day of the month next following or coincident with the date of his termination of employment. (b) Amount of normal retirement benefit on or after Normal Retirement Age. The retirement allowance shall be two and one-tenth percent (2.1 %) of the Member's Average Final Compensation for each year of Creditable Service subject to a maximum of sixty-three percent (63%) of Average Final Compensation. Only Creditable Service and Average Final Compensation upon date of termination of employment will be used in the computation of the retirement allowance. I," .",.......... Sec. 22.2-44. Early service retirement allowance. (a) Eligibility. A Member who has had five (5) or more years of Creditable Service and has attained the age of fifty-five (55) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment. (b) Amount of early retirement benefit. The retirement allowance shall be two and one-tenth percent (2.1 %) of the Member's Average Final Compensation for each year of Creditable Service subject to a maximum of sixty-three percent (63%) of Average Final Compensation. Only Creditable Service and Average Final Compensation upon date of termination of employment will be used in the computation of the retirement allowance. (c) This retirement allowance may be deferred until the date when the Member first actually attains the earlier of (1) age sixty-five (65), or, (2) age fifty-five (55) and thirty (30) years of Creditable Service and becomes payable without further adjustment. (d) If the Member elects payment to begin prior to the earlier of (1) age sixty-five (65), or, (2) age fifty-five (55) and thirty (30) years of Creditable Service, then the benefit is reduced taking into account the number of months by which actual payment precedes the earlier of: (1) the date the Member actually attains age sixty-five (65); or (2) age fifty-five (55) and thirty (30) years of Creditable Service. The Pension commencing immediately shall be equal to the deferred pension reduced by one-half (1/2) of one (1) percent for each of the first sixty (60) such months by which actual payment precedes the earlier of the date determined in (1) or (2) above, and, one-quarter (1/4) of one (1) percent for each additional month in excess of sixty (60) months by which actual payment precedes the date determined in (1) or (2) above. "~-"'"'IIIf"""'"""'" -...,..."......." 87 88 Sec. 22.2-45. Vested allowance. (a) Eligibility. A Member with five (5) or more years of Creditable Service who, for reasons other than death or retirement under any other provision of this Article, ceases to be employed by a Participating Employer shall be entitled to a vested allowance, as provided for in sections 22.2-43, 22.2-44, or 22.2-58. (b) Calculation of allowance. The vested allowance commencing upon the actual attainment of the earlier of (1) age sixty-five (65), or, (2) age fifty-five (55) and thirty (30) years of Creditable Service shall be computed as a vested service retirement allowance on the basis of the Member's Average Final Compensation and Creditable Service at the time of his termination. (c) Payment of the vested allowance. The vested allowance may commence to be paid at any time after the Member has reached the age required for Early Retirement subject to any applicable reductions for early payment as set out in section 22.2-44(d). (d) Applicability of multiplier. Any Member entitled to a vested allowance who ceased to be an Employee of a Participating Employer prior to January 1, 1999, shall have his vested allowance calculated pursuant to sections 22.2-43 and 22.2-44 as such sections existed prior to January 1, 1999 (utilizing a multiplier of two percent (2.0%) for each year of Creditable Service). Any Member entitled to a vested allowance who ceases to be an Employee of a Participating Employer on or after January 1, 1999, and who meets the condition established by section 22.2-35(1) shall have his vested allowance calculated pursuant to sections 22.2-43 and 22.3-44 as such sections exist on and after January 1, 1999 (utilizing a multiplier of two and one- tenth percent (2.1 %) for each year of Creditable Service). DIVISION II - ERS Sec. 22.2-46. ERS Definitions. Average Final Compensation (as used for purposes of determining retirement allowances under this division) shall mean the annual Earnable Compensation, as defined -- by section 22.2-2, of a Member during his twelve (12) consecutive months of Creditable Service yielding the highest such average prior to retirement. Normal Retirement Age means the age of sixty (60) or the age prior thereto at which a Member completes thirty (30) years of Creditable Service. Social Security Benefit shall mean the annual benefit payable in monthly installments as the primary insurance amount under Title II of the Federal Social Security Act. System shall mean the Employees' Retirement System of the City of Roanoke hereinafter referred to as the ERS. Sec. 22.2-47. Retirement and service retirement allowance generally. (a) Eligibility. Any Member who remains an active Member until his Normal Retirement Age shall be eligible to receive an unreduced normal retirement benefit commencing on the first day of the month next following or coincident with the date of his termination of employment. (b) Amount of normal retirement benefit on or after Normal Retirement Age. The Service Retirement allowance shall consist of a Pension equal to one- seventieth of the Member's Average Final Compensation multiplied by the number of years of Creditable Service. In the case of a Member retiring on or after July 1, 1970, and after he has attained the age of sixty-five (65) years, an additional Pension shall be payable to him, if he is not entitled to a Social Security Benefit at the time of such retirement on the basis of his covered earnings under the Social Security Act, which shall be equal to the primary insurance amount provided under Title II of the Social Security Act as the same may be from time to time amended and adjusted; provided, however, that the Member shall be required to submit evidence satisfactory to the Board that the Social Security Administration has determined that no Social Security Benefit is payable to him, nor would such a benefit be payable upon proper application therefore but for the receipt of income covered under the Social Security Act. ""---r- "."... 89 90 Sec. 22.2-48. Early service retirement allowance. (a) Eligibility. A Member who remains an active Member until he has completed at least twenty (20) or more years of Creditable Service shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of his termination of employment. (b) Amount of early retirement benefit. The retirement allowance shall consist of a Pension equal to one- seventieth of the Member's Average Final Compensation multiplied by the number of years of Creditable Service. (c) The early service retirement allowance shall consist of either: (1) A deferred pension commencing upon the attainment of the Normal Retirement Age and computed as a service retirement allowance on the basis ofthe Member's Average Final Compensation and Creditable Service at the time of his early retirement; or (2) A pension commencing immediately which shall be equal to the deferred pension reduced by five-ninths of one (1) percent for each month between the date of commencement of the pension and the attainment of the Normal Retirement Age, not in excess of sixty (60) months, and five- eighteenths of one (1) percent for each such month in excess of sixty (60) months. (d) If a retired Member who has elected to receive a deferred retirement allowance under this section dies before his retirement allowance normally becomes due, the only payment made shall be the nonoccupational death benefit, as provided under subparagraph (1) of section 22.2-70, unless there is a surviving spouse entitled to a pension under the provisions of section 22.2-69. I,>,',,,,,,,,~, Sec. 22.2-49. Vested allowance. (a) Eligibility. A Member with ten (10) or more years of Creditable Service who, for reasons other than death or retirement under any other provision of this article, ceases to be employed by a Participating Employer on or after October 1 , 1977, shall be entitled to a vested allowance as provided for in section 22.2-47, or 22.2-48, subject to the restrictions of this section, payable to him in accordance with this section commencing either on his Normal Retirement Age or upon application of the former Employee filed not less than thirty (30) days prior to the commencement date, prior to the Normal Retirement Age but on or after the date as of which he would have completed twenty (20) years of Creditable Service if he had continued in service with a Participating Employer. Any Member who terminated Service for any reason prior to October 1, 1977, and who returns to Service after such date shall work one (1) continuous year after returning before qualifying for credit toward a vested allowance for Service rendered prior to October 1, 1977, except when such person dies or becomes disabled after returning to service, in which case he shall become entitled to credit for Prior Service as of the date of such death or disability without having to meet the requirement of one (1) year of continuous service. (b) The vested allowance commencing upon the attainment of Normal Retirement Age shall be computed as a Service Retirement allowance on the basis of the Member's Average Final Compensation and Creditable Service at the time of his termination. (c) The vested allowance commencing prior to the former Member's Normal Retirement Age, but on or after the date as of which he would have completed twenty (20) years of Creditable Service if he had continued in Service, shall be equal to the Pension computed in accordance with subsection (b) ofthis section, reduced by five-ninths of one (1) percent for each month between the date of commencement of the pension and the attainment of the Normal Retirement Age, not in excess of sixty (60) months, and five-eighteenths of one (1) percent for each additional month in excess of sixty (60) months. '...-"""""'I!II"'...... 91 92 (d) A vested allowance shall not be payable pursuant to this section with respect to any Member whose Service was terminated prior to October 1, 1977, and who was not in Service after that date. ARTICLE VIII. DISABILITY RETIREMENT Sec. 22.2-50. Nonoccupational disability retirement allowance. (a) Eligibility. Upon application of a Member in service or the head of such Member's department, any such Member who has had five (5) or more years of Creditable Service may be retired by the Board on a nonoccupational Disability Retirement allowance not more than one (1) year after the filing of such application; provided, that the Board's Medical Examiner or Examiners shall certify after medical examination (i) that such Member is mentally or physically totally incapacitated forthe further performance of any gainful employment for which the Member is qualified with his most recent Participating Employers, and (ii) that such incapacity is likely to be permanent. (b) Amount of benefit. The nonoccupational Disability Retirement allowance shall be computed as a Service Retirement allowance on the basis of the Member's Average Final Compensation and Creditable Service at the time of his retirement (accrued benefit), provided, in the case of an ERS Member, if such Member has not attained his Normal Retirement Age and the retirement allowance computed as herein provided is less than twenty-five percent (25%) of the Member's Average Final Compensation, the Pension shall be increased to the lesser of such twenty-five percent (25%) , or the amount that would have been payable to the Member as a Service Retirement allowance on retirement at his Normal Retirement Age if he continued in service until such age without change in his Average Final Compensation. Upon approval of an application by the Board, benefits shall be retroactive to the date after all forms of leave have been exhausted. This benefit shall be reduced by any workers' compensation benefits as provided for in section 22.2-53. I..",.....,............. Sec. 22.2-51. allowance. Occupational disability retirement (a) Eligibility. Upon the application of a Member in service or the head of such Member's department, any Member who has been totally and permanently incapacitated for duty as a natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place without willful negligence on his part may be retired by the Board on an occupational Disability Retirement allowance not more than one (1) year after the filing of such application; provided that the Board's Medical Examiner or Examiners shall certify after medical examination (i) that such Member is mentally or physically totally incapacitated for the further performance of any gainful employment for which the Member is qualified with his most recent Participating Employers, (ii) that such incapacity is the natural and proximate result of an accident occurring while in the actual performance of duty, and (iii) that such incapacity is likely to be permanent. (b) Amount of benefit. The occupational Disability Retirement allowance shall be equal to sixty-six and two- thirds percent (66-2/3%) of a Member's Average Final Compensation. This benefit shall be reduced by workers' compensation benefits as provided for in section 22.2-53. This benefit shall not be reduced due to payment commencing prior to Normal Retirement Age. Sec. 22.2-52. Application for workers' compensation benefits required. As a condition precedent to application for an occupational disability benefit from the City Plan, a Member must first apply for workers' compensation benefits and be awarded such benefits. Receipt of an award under the workers' compensation act shall not relieve an applicant of the duty to prove his qualification for a benefit under the standards established by this Chapter for the City Plan. , .----m-......,. 93 94 Sec. 22.2-53. Workers' compensation benefits offset against retirement benefits. (a) Any amounts which may be paid or payable under the provisions of the Virginia Workers' Compensation Act or any similar law to any Member or Beneficiary, or to the dependents of any Member or Beneficiary, on account of any injury, occupational disease or disability or incapacity, total or partial, or death shall in such manner as the Board shall determine, be offset against and payable in lieu of any benefits payable out of funds provided under the provisions of the City Plan. (b) In the case of a Member, Beneficiary or dependent of a Member or Beneficiary who elects to receive a lump sum settlement in lieu of periodic payments for temporary disability or death compensable under the Virginia Workers' Compensation Act, the retirement allowance shall cease or be reduced, as the case may be. The amount of reduction shall be determined by the workers' compensation benefit which such person would have received had the lump sum settlement not been consummated, including all cost of living adjustments permitted by the Virginia Workers' Compensation Commission, and had such person received periodic payments for disability or death for the maximum amount of time otherwise permitted under the Virginia Workers' Compensation Act. The reduction shall continue each month for a period of months, until such time as the total amount of periodic payments for disability or death payable to such person under the Virginia Workers' Compensation Act would have been offset had the lump sum settlement not been consummated. (c) The above notwithstanding, no amount paid or payable under the provisions of the Virginia Workers' Compensation Act, or any similar law to any Member or Beneficiary, or to the dependents of any Member of Beneficiary, on account of permanent partial disability from any injury shall be offset against any benefits payable out offunds underthe provisions of the City Plan. I".".,,",,~ Sec. 22.2-54. Presumptions applicable to death or disability of firefighters and police officers. The policies, presumptions and procedures established by section 27-40.1, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any firefighter caused by respiratory disease, hypertension or heart disease, and by section 51-122, Code of Virginia (1950), as amended, with respectto death of, or any condition or impairment of health, of any deputized police officer of the police department caused by hypertension or heart disease, are hereby incorporated by reference and shall be applicable in the case of any application filed by any firefighter or any deputized police officer of the police department or any survivor thereof for occupational disability retirement allowance or occupational death benefit under the employees' supplemental retirement system or the employees' retirement system. Sec. 22.2-55. Periodic medical examination of beneficiaries retired on account of disability. Once each year during the first five (5) years following the retirement of a Member on a nonoccupational or an occupational Disability Retirement allowance, and once in every three-year period thereafter, the Board may require any disability beneficiary to undergo a medical examination if he has not yet attained his Normal Retirement Age. Such examination shall be made by a Medical Examiner at the Examiner's office during normal business hours. For this purpose, the secretary-treasurer shall select a Medical Examiner or Examiners who are located within a reasonable proximity of the Member's place of residence. Should any disability beneficiary refuse to submit to such medical examination, his retirement allowance may be discontinued by the Board until his withdrawal of such refusal, and should his refusal continue for one (1) year, all his rights in and to his pension may be revoked by the Board. ...._-""'11II'""....,. 95 96 Sec. 22.2-56. Modification of disability retirement allowances. (a) Should the Board find that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his Pension and his Average Final Compensation adjusted pursuant to any applicable amendments to the ranges of the Participating Employer's pay plan subsequent to the Member's retirement, the Board shall reduce the amount which, together with the amount earnable by him, shall equal the amount of his Average Final Compensation adjusted as provided above. Should the earning capacity of such Beneficiary from any gainful occupation be later changed, the amount of his Pension may be further modified in a like manner. b) The Board or the secretary-treasurer of the City Plan, upon the authority of the Board, shall be authorized to make such inquiries of persons who are disability beneficiaries under the City Plan as are necessary to determine whether any such person is engaged or is able to engage in a gainful occupation paying more than the difference between his Pension and his Average Final Compensation increased by the average cost of living allowances to city employees. Such inquiries shall be answered under oath. Any disability beneficiary may also be required to produce copies of tax returns and tax withholding forms (W-2s) to establish income. If any disability beneficiary should refuse or fail to provide the information required by this section, the Board shall be authorized to terminate such person's benefits until compliance is achieved. ARTICLE IX. PAYMENT OF BENEFITS DIVISION I - General Sec. 22.2-57. Form of Payment of benefits. All annuity payments shall be made on a monthly basis. The Board of Trustees shall establish all required administrative procedures needed to accomplish such monthly payments. I ,.,"............' Sec. 22.2-58. Lump sums. (a) The Board may set a dollar amount for a monthly benefit that shall be paid in the form of a lump sum. Except as provided in subsection (c), monthly benefits of more than the amount determined by the Board shall not be paid in the form of a lump sum. Notwithstanding the above, monthly benefits whose lump sum value is above the amount as shall be from time to time established by Section 411(a)(11), Internal Revenue Code of 1986, as amended, shall require Member consent before a lump sum is paid. Any beneficiary shall be required to receive a lump sum distribution ofthe amount as shall be from time to time established by Section 411 (a)(11 ),Internal Revenue Code of 1986, as amended, or less. (b) All lump sums shall be based on the applicable interest rate and mortality table as defined in Section 417(e) ofthe Internal Revenue Code of 1986, as amended, effective on the first day of the calendar year in which payment is made. (c) Upon the written agreement of the Employee and the secretary-treasurer of the City Plan, monthly benefits payable to a Member who is retired on a Disability Retirement allowance may be paid in the form of a lump sum by purchase of one (1) or more annuities or a combination of lump sum and annuity payments. Sec. 22.2-59. Rollover of lump sum distributions. Effective January 1, 1993, notwithstanding anything to the contrary in this Article, but subject to any de minimis or other exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, any prospective recipient (whether a Member, a surviving spouse, a current or former spouse who is an alternate payee under an approved domestic relations order or any other person eligible to make a rollover) of a distribution from the City Plan which constitutes an "eligible rollover distribution" (to the extent otherwise includible in the recipient's gross income) may direct the Board to pay the distribution directly to an "eligible ".~~-....,r-"- , . 97 98 retirement plan". For purposes hereof, the following terms have the meanings assigned to them in Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, and, to the extent not inconsistent therewith, shall have the following meanings: (1) The term "eligible retirement plan" means a defined contribution plan which is either an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code of 1986, as amended, or a qualified trust described in Section 401 (a) of the Internal Revenue Code of 1986, as amended, that accepts the prospective recipient's eligible rollover distribution. For distributions made before January 1, 2002, in the case of an eligible rollover distribution payable to a Participant's surviving spouse, an "eligible retirement plan" means only an individual retirement account or individual retirement annuity. Effective for distributions made after December 31, 2001, an eligible retirement plan shall also mean an annuity contract described in Section 403(b) of the Code and an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to account separately for amounts transferred into such plan from this Plan. Effective for distributions made after December 31, 2001, the definition of eligible retirement plan applicable to a Participant shall also apply in the case of a distribution to a Participant's surviving spouse and to a Participant's spouse or former spouse who is the alternate payee under an approved domestic relations order. I",""".,,"~' 99 (2) The term "eligible rollover distribution" means any distribution other than: (a) A distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made either for the life (or life expectancy) of the recipient or the joint lives (or joint life expectancies) of the recipient and his beneficiary who is an individual or for a specified period of ten (10) or more years, or (b) A distribution to the extent it is required under the minimum distribution requirement of Section 401 (a)(9) of the Internal Revenue Code of 1986, as amended. Any such direction shall be filed with the Board in such form and at such time as the Board may require and shall adequately specify the eligible retirement plan to which the payment shall be made. The Board shall make payment as directed only if the proposed transferee plan will accept the payment. Any such plan to plan transfer shall be considered a distribution option under this plan and shall be subject to all the usual distribution rules of the City Plan (including but not limited to the requirement of an advance explanation of the option). The Board is authorized in its discretion, on a uniform and non-discriminatory basis, to apply any discretionary de minimis or other discretionary exceptions or limitations provided for under Section 401 (a)(31) of the Internal Revenue Code of 1986, as amended, in effecting or declining to effect plan to plan transfers hereunder. Within a reasonable time (generally not more than ninety (90) nor less than thirty (30) days) before the benefit payment date of a prospective recipient of an eligible rollover distribution from the plan, the Board shall provide the prospective recipient with a written explanation of the rollover and tax rules required by Section 402(f) of the Internal Revenue Code of 1986, as amended. "--...,r- ...., 100 Sec. 22.2-60. Permissible changes to optional forms of payment. A retired Member who has elected an option described in section 22.2-62 or section 22.2-63 may, in a manner prescribed by the Board, revoke such election and elect to receive from the time of notification the retirement allowance to which he would have been entitled had no option been elected initially and no cost of living increases been granted in the interim, if (a) the original survivor has died or (b) a final decree of divorce of the retired Member from the original survivor has been entered which releases both the Member and the City Plan from any liability to or obligation of the City Plan to make any payments to the original survivor. Sec. 22.2-61. Retirement supplement. Any Member of the City Plan who is an Employee of a Participating Employer (not including employees of the City of Roanoke School Board), and who retires or who has retired after earning twenty (20) or more years of Creditable Service, but prior to attaining the age of sixty- five (65), shall be paid a monthly supplement ofthe greater of one hundred fifty-nine ($159.00) or an amount equal to seventy-five percent (75%) of the amount the City of Roanoke contributes monthly toward the cost of a single active employee's health insurance, as such contribution may be changed from time to time, commencing with the first month of retirement and terminating with the month in which the Member attains age sixty-five (65). This supplement shall not be subject to any cost of living adjustment which may be provided under the City Plan. This supplement shall be a personal benefit applicable to an eligible Member only without any right of survivorship. Upon the death of a Member who is receiving such benefit, the monthly payment shall be made for the month of such Member's death and shall terminate with the next succeeding month. This benefit shall not be applicable to retirees receiving the early retirement incentive plan supplement granted in 1991. . d.......... DIVISION II. ESRS Sec. 22.2-62. Optional spousal allowance. Until the effective date of retirement, any Member may elect to convert the retirement allowance otherwise payable to him into an optional spousal allowance of equivalent actuarial value in accordance with one (1) of the optional forms set out below. If an optional spousal allowance is selected and the spouse dies before the Member, the Member's Pension shall, as of the first day of the next month after the death of the Member's spouse, be increased by an amount equal to the amount by which the Pension was reduced at the date of retirement by virtue of the Member's election of a spousal allowance. The Member's spouse, if any, shall be required to sign the election form designated by the Board, when the Member applies for retirement. A spouse must be married to the Member at retirement and one (1) year prior to death of the Member or retired Member to be eligible for a spousal allowance. The spousal allowance shall continue until the death of the spouse. Except as provided in section 22.2-60, a Member's election of an optional spousal allowance shall be irrevocable. A spousal benefit shall be reduced by any workers' compensation benefit as provided for in section 22.2-53. The optional forms are as follows: Option 1: A reduced retirement allowance payable during the life of the retired Member, with the provisions that upon his death his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledgeable and filed with the Board at the time of his retirement (the Joint and 100% Spouse Survivor Option); or Option 2: A reduced retirement allowance payable during the life of the retired Member, with the provision that upon his death three-quarters of his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledged and filed with the Board at the time of his retirement (the Joint and 75% Spouse Survivor Option); or '.---"ro....' , 101 102 Option 3: A reduced retirement allowance payable during the life of the retired Member, with the provision that upon his death one-half of his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledged and filed with the Board at the time of his retirement (the Joint and 50% Spouse Survivor Option). The actuarial factors used to convert normal form of payment (single life annuity payable monthly) to an optional form of payment are set forth in the Administrative Procedures Manual maintained by the Board. Such tables shall comply with the requirements of section 401 (a)(9) of the Internal Revenue Code. Should such Member die within thirty (30) days after retirement, his optional election shall not be effective, he shall be considered a Member in service at the time of his death, and the only benefit payable on his account shall be the nonoccupational death benefit provided in section 22.2-67 reduced by any retirement allowance payments received by him prior to his death. DIVISION III - ERS Sec. 22.2-63. Optional or modified retirement allowance. Until the effective date of retirement, any Member may elect to convert the retirement allowance otherwise payable to him into a modified retirement allowance of equivalent actuarial value in accordance with one (1) of the optional forms set out below. If a modified retirement allowance is selected and the Beneficiary dies before the Member, the Member's Pension allowance shall, as of the first day of the next month after the death of the Member's Beneficiary, be increased by an amount equal to the amount by which the Pension was reduced at the date of retirement by virtue of the Member's election of a modified I",....""'............. retirement allowance. A modified retirement allowance shall continue until the death ofthe Beneficiary. Except as provided in section 22.2-60, a Member's election of a modified retirement allowance shall be irrevocable. The optional forms are as follows: Option 1: A reduced retirement allowable payable during the life of the retired Member, with the provision that upon his death his reduced retirement allowance shall be continued throughout the life of and paid to such person as he shall have nominated by written designation duly acknowledgeable and filed with the Board at the time of his retirement (the Joint and 100% Survivor Option); or Option 2: A reduced retirement allowance payable during the life of the retired Member, with the provisions that upon his death one-half of his reduced retirement allowance shall be continued throughout the life of and paid to such person as he shall have nominated by written designation duly acknowledged and filed with the Board at the time of his retirement (the Joint and 50% Survivor Option); or Option 3: A reduced retirement allowance payable during the life of the retired Member, with the provisions that, upon his death, some other benefit shall be payable; provided, that the total value of the allowance during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he would receive without optional modification; provided further that the benefit shall be approved by the Board (the Joint and x% Survivor Option). The actuarial factors used to convert to an option form of payment are set forth in the Administrative Procedures Manual maintained by the Board. '----r"''',. , 103 104 Should such Member die within thirty (30) days after retirement, his optional election shall not be effective, he shall be considered a Member in service at the time of his death, and the only benefit payable on his account shall be the nonoccupational death benefit provided in section 22.2-70 reduced by any retirement allowance payments received by him prior to his death. Notwithstanding anything herein to the contrary, the distribution options available to Members shall be limited by the following restrictions: (1) The present value of payments made to the Member must be more than fifty (50) percent of the present value of the total payments to be made to the Member and his beneficiary (based on the life expectancies as of the date benefit commence). (2) Benefits will be distributed commencing not later than such taxable year: (i) Over the life of such Member or over the lives of such Member and his spouse, or; (ii) Over a period not extending beyond the life expectancy of such Member or the life expectancy of such Member and his spouse. (3) If a Member dies before his entire interest has been distributed to him, or distribution has been commenced in accordance with (2)(ii) above to his surviving spouse and such surviving spouse dies before his entire interest has been distributed to such surviving spouse, then his entire interest will be distributed within five (5) years after his death (or the death of his spouse). The preceding sentence shall not apply to term certain distributions. .................. With respect to distributions beginning in calendar years beginning on or after January 1, 2002, the Plan will apply the minimum distribution requirements of Section 401 (a)(9) of the Internal Revenue Code and described in this section, in accordance with the regulations under Section 401 (a)(9) of the Internal Revenue Code that were proposed on January 17, 2001. ARTICLE X. DEATH BENEFITS DIVISION I - General Sec. 22.2-64. Application for workers' compensation benefits required. As a condition precedent to application for an occupational death benefit from the City Plan, a Member's Beneficiary must first apply for workers' compensation death benefits and be awarded such benefits. Receipt of an award under the workers' compensation act shall not relieve an applicant of the duty to prove his qualification for a benefit under the standards established by this Chapter for the City Plan. Sec. 22.2-65. Workers' compensation benefits offset against death benefits. (a) Any amounts which may be paid or payable under the provisions of the Virginia Workers' Compensation Act or any similar law to any Member or Beneficiary, or to the dependents of any Member or Beneficiary, on account of death shall in such manner as the Board shall determine, be offset against and payable in lieu of any benefits payable out of funds provided under the provisions of the City Plan. (b) In the case of a Member, Beneficiary or dependent of a Member or Beneficiary who elects to receive a lump sum settlement in lieu of periodic payments for temporary disability or death compensable under the Virginia Workers' Compensation Act, the retirement allowance shall cease or be reduced, as the case may be. The IIr ..~"".",' 105 106 amount of reduction shall be determined by the workers' compensation benefit which such person would have received had the lump sum settlement not been consummated, including all cost of living adjustments permitted by the Virginia Workers' Compensation Commission, and had such person received periodic payments for disability or death for the maximum amount of time otherwise permitted under the Virginia Workers' Compensation Act. The reduction shall continue each month for a period of months, until such time as the total amount of periodic payments for disability or death payable to such person under the Virginia Workers' Compensation Act would have been offset had the lump sum settlement not been consummated. However, in the event a Member dies after electing to receive a lump sum settlement in lieu of periodic payments for temporary disability compensable under the Virginia Workers' Compensation Act, the death benefit payable to a Beneficiary or dependent of a Beneficiary shall be offset only to the extent the amount of the lump sum settlement in lieu of periodic payments for temporary disability compensable under the Virginia Workers' Compensation Act has not already been offset by any benefits payable out of funds provided under the provisions of the City Plan. (c) The above notwithstanding, no amount paid or payable under the provisions of the Virginia Workers' Compensation Act, or any similar law to any Member or Beneficiary, or to the dependents of any Member of Beneficiary, on account of permanent partial disability from any injury shall not be offset against any benefits payable out of funds under the provisions of the City Plan. Sec. 22.2-66. Presumptions applicable to death or disability of firefighters and police officers. The policies, presumptions and procedures established by section 27 -40.1, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any firefighter caused by respiratory disease, hypertension or heart disease, and by section 51-122, Code of Virginia (1950), as amended, with respect to death I....."...",.......... of, or any condition or impairment of health, of any deputized police officer of the police department caused by hypertension or heart disease, are hereby incorporated by reference and shall be applicable in the case of any application filed by any firefighter or any deputized police officer of the police department or any survivor thereof for occupational disability retirement allowance or occupational death benefit under the employees' supplemental retirement system or the employees' retirement system. DIVISION II - ESRS Sec. 22.2-67. Nonoccupational death benefit. (a) Eligibility. Upon the receipt of proof, satisfactory to the board, of the death of an active Member with ten (10) or more years of Creditable Service which was not the result of an accident in the actual performance of duty, as defined in section 22.2-68, a nonoccupational death benefit shall be paid to such person's lawful spouse as of the date of death and with whom he has been married for least one (1) year at date of death, if any. (b) Benefit. The nonoccupational death benefit shall be an annuity benefit equal to fifty (50) percent of his Accrued Benefit on his date of death (but not reduced by any early payment reduction factor). The benefit shall commence on the day next following death. If the surviving spouse is more than sixty (60) months younger than the Member the benefit shall be reduced by one-sixth of one (1) percent for each full month in excess of sixty (60) months. Sec. 22.2-68. Occupational death benefit. (a) Eligibility. If, upon the receipt of proof, satisfactory to the Board, of the death of a Member in service indicating that such death was the natural and proximate result of an accident, occurring while the Member was in the actual performance of duty, the Board shall decide that death was the result of an accident in the actual ~,........................ ..~'",,,.". 107 108 performance of duty occurring at some definite time and place, and not caused by willful negligence on the part of the Member, there shall be paid the following benefit, in lieu of any benefit payable under the provisions of section 22.2-67. (b) Benefits. The occupational death benefit shall be a Pension one-half of his Average Final Compensation payable to his spouse, if any, to continue until death; or if there is no spouse at date of the Member's death, then to his child or children under age eighteen (18), if he leaves children, divided in such manner as the Board, in its discretion, shall determine, to continue as a joint and survivorship pension for the benefit of the child or children under said age until every child dies or attains said age. This benefit shall be reduced by workers' compensation benefits as provided in section 22.2-65. DIVISION III - ERS Sec. 22.2-69. Pensions to spouses of retired Members or Members eligible to retire. Upon the receipt of proof, satisfactory to the Board, (i) of the death, on or after July 1, 1973, of a Member in active service after the completion of twenty (20) or more years of Creditable Service or after the attainment of age sixty (60), or (ii) of the death of a Member who retired on or after July 1,1973, or of the death of a former Member in receipt of a vested allowance pursuant to section 22.2-49, a Pension shall be payable to the surviving spouse, commencing on the day next following the date of death of the Member, retired Member or former Member in receipt of a vested allowance and ceasing upon the death of the spouse; provided, that the spouse was married to the retired Member or former Member at the time that payment of his benefit commenced; that the spouse was married to the Member, retired Member or former Member for at least one (1) year prior to his death; and that the Member, retired Member or former Member had not made I. .,'"..,,~,........... an optional election under section 22.2-63 which was in full force and effect. The amount of the Pension shall be one-half of the retirement allowance or vested allowance to which the Member was entitled or would have been entitled had he retired at the time of death under the provisions of section 22.2-48, or under the provisions of section 22.2-47; provided, however, that if the surviving spouse is more than sixty (60) months younger than the Member, the benefit will be reduced by one-sixth (1/6) of one (1) percent for each full month in excess of sixty (60) months. A spousal benefit shall be reduced by any workers' compensation benefit as provided for in section 22.2-65. Sec. 22.2-70. Nonoccupational death benefit. Upon the receipt of proof, satisfactory to the Board, of the death of a Member, not an occupational death as defined in section 22.2-71, there shall be paid to such person, if any, as the Member shall have nominated by written designation duly acknowledged and filed with the board otherwise to his estate: If he was in service at the time of his death and had one (1) or more years of creditable service, a lump sum benefit equal to fifty (50) percent of his Earnable Compensation during the year immediately preceding his death. The benefit shall be reduced by any workers' compensation benefit as provided for in section 22.2-65. Sec. 22.2-71. Occupational death benefit. If, upon the receipt of proof, satisfactory to the Board, of the death of a Member in service indicating that such death was the natural and proximate result of an accident, occurring while the Memberwas in the actual performance of his duty, the Board shall determine that the death was the result of an accident during the actual performance of duty occurring at some definite time and place, and not caused by willful negligence on the part of the Member, there shall be paid, in lieu of any benefit payable under the provisions of sections 22.2-70 and 22.2-71: -/,,__~,,"N_"..'" 109 110 A Pension of one-half of his Average Final Compensation payable to his spouse, if any, to continue until death; or if there is no spouse or the spouse dies before the youngest child of the deceased Member has attained age eighteen (18), then to his child or children under said age, if he leaves children, divided in such manner as the Board, in its discretion, shall determine, to continue as a joint and survivorship pension for the benefit of the child or children under said age until every child dies or attains said age; or if he leaves no spouse or children under the age of eighteen (18) years living at his death, then to his dependent parent or parents, divided in such manner as the Board in its discretion shall determine to continue for life; provided, that if he leaves no such beneficiary living at his death, the amount which otherwise would have been paid as a nonoccupational death benefit shall be paid. The benefit shall be reduced by any workers' compensation benefit as provided for in section 22.2-65. ARTICLE XI. MAXIMUM BENEFITS AND OTHER LIMITATIONS AND SPECIAL RULES. Sec.22.2-72. Limitation on Earnable Compensation Taken into account. Notwithstanding the foregoing, Earnable Compensation taken into account for purposes of determining benefits under the City Plan shall be limited by the compensation limit pursuant to Section 401 (a)(17) of the Internal Revenue Code of 1986, as amended. For purposes hereof, the compensation limit, for years beginning on or after July 1, 2001 is $200,000 (as adjusted in $5,000 increments from time to time by the adjustment factor described in Section 415 (d) ofthe Internal Revenue Code of 1986, as amended, on the basis of a base period of the calendar quarter beginning July 1, 2001). In determining average final compensation for periods beginning on or after July 1, 2001, the limit on creditable compensation applied to compensation attributable to periods prior to July 1, 2001 shall be $200,000. For purposes of applying the limitation I. ",.,~,..,............ -;)_.j,,~".~"'~ .,...._..__1 applicable to each year, the limit for a plan year shall be the limitation in effect for the calendar year in which the plan year begins determined without increases in the limitation for subsequent years. Sec. 22.2-73. Limitation on annual benefits (a) Notwithstanding any other provisions of this Article, the annual benefit under the City Plan of any Member and any related death or other benefit, shall, if necessary, be reduced to the extent required by Section 415(b) of the Internal Revenue Code of 1986, as amended, as adjusted by the Secretary of the Treasury pursuant to Section 415( d) of the Internal Revenue Code of 1986, as amended. (b) Notwithstanding any other provisions ofthis article, for plan years beginning before January 1, 2000, if a Member participates in both the City Plan and a qualified defined contribution plan maintained by the city or any Participating Employer, the annual benefits under the City Plan and the annual additions to any qualified defined contribution plan maintained by the city shall not exceed the combined limit test described in Section 415(e) of the Internal Revenue Code of 1986, as amended. If necessary, the annual additions under the qualified defined contribution plan shall be reduced before benefits under City Plan are reduced in order to comply with such combined limit test. Sec. 22.2-74. Military Service Notwithstanding any provision of this Chapter to the contrary, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Internal Revenue Code of 1986, as amended and the Uniformed Services Employment and Reemployment Rights Act of 1994. ARTICLE XII. POLICE AND FIRE DEPARTMENT PENSION PLAN AS OF DECEMBER 31,1945. Sec. 22.2-75. Pensions for members of police and fire departments as of December 31,1945. Nothing in this Code or the ordinance adopting this Code shall affect the provisions of Chapter 2, Sections 1 through 9, of Title III of the Code of the City of Roanoke ~,_...-...........~.,. , 111 112 (1956), as derived from Ordinance Nos. 10457 and 10532, and amended by Ordinance Nos. 13889, 14053, 14550, 14632, 16595, 17858, 19043, 19578, 20387, 23025 and 23221, relating to retirement and pension benefits for members of the police and fire departments who were so employed on December 31, 1945, and such chapter and the ordinances mentioned herein are hereby recognized as continuing in full force and effect to the same extent as if fully set out at length in this Code. Effective January 1, 1984, the annual pension of each person subject to the provisions of this section shall be increased by that amount, if any, by which such person's pension calculated without reference to the three hundred dollars ($300.00) per month maximum established in Ordinance No. 20387 and Ordinance No. 23025 and without reference to the one hundred dollars ($100.00) per month maximum established in Ordinance No. 23025 exceeds such person's pension calculated as provided in the above- referenced ordinances. 2. Chapter 22.1, Pensions and Retirement, consisting of fifi22.1-1 through 22.1-82, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 4. This ordinance shall be in full force and effect on and after June 1, 2002. APPROVED Ralph K. Smith Mayor ATTEST: ~ ^~l-r~ Mary F. Parker City Clerk I,'""~",,,~ 113 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35881-052002. AN ORDINANCE authorizing the City Managerto execute a Notice of Use Limitation and any related and necessary documents regarding a portion of City owned property located at 1802 Courtland Road, N.E., containing approximately 0.260 acres, and being a portion of Official Tax Map No. 3070316, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, a Notice of Use Limitation and any related and necessary documents, in a form approved by the City Attorney, providing for a limitation on the use of a small portion of certain City owned property located at 1802 Courtland Road, N.E., containing approximately 0.260 acres, and being a portion of Official Tax Map No. 3070316, upon certain terms and conditions as may be required by the Virginia Department of Environmental Quality (VDEQ) and as set forth in the City Manager's Letter to Council dated May 20, 2002. 2. The City Manager is further authorized to take such further action, to include the recording of documents, and execute such other documents as may be necessary to obtain VDEQ approval for the closure plan for such property. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Ralph K. Smith Mayor 71~T~ I. f ~ Mary F. Parker City Clerk .,- 'f-~ .......... "'....~._, 114 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35882-052002. AN ORDINANCE amending and reordaining subsection (e) of fi20-33.1, Same-Requirements: obtaining license plate. tag or decal a condition precedent to discharge of violation, of Code of the City of Roanoke (1979), as amended, the amended section to provide for the increase of certain penalties for decal violations within the City of Roanoke; and providing an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of ~oanoke (1979), as amended, is hereby amended and reordained by amending the following sections: fi20-33.1. Same-Requirements: obtaining license plate. tag or decal a condition precedent to discharge of violation *** (e) Ifthis penalty is not paid within ten (10) days ofthe issuance by an officer of a notice of violation, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such a notice is sent may pay such penalty of fifty-eight dollars ($58.00) and present satisfactory evidence that the required license plate, tag or decal has been obtained within five (5) days of receipt of such notice. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required decal has been obtained. The city treasurer shall not be authorized to accept partial payment of the penalty due. *** 2. The Fee Compendium of the City maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fines to be charged for the aforesaid violations. . "...,.,......... _J _ '_"';-_""_'_'__~' 115 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of July 1, 2002. APPROVED Ralph K. Smith Mayor ~ST: J.f~ , Ma~ 'r= ~ker City Clerk - - - - - - - - - - - - - - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 2002. No. 35883-052002. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General, School, and School Food Services Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General, School, and School Food Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfer to School Fund (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,358,399.00 46,697,617.00 Fund Balance Reserved for CMERP - Schools (2). . . . . . . . . . . . . . . . . . . . . . . . . . -0- ,. -r r~'" ""IIIl"" .........", 116 School Fund Appropriations Education $ 131,812,622.00 Title I Summer (3-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163,671.00 Fleming Ruffner Community Learning Center (12-22) . . . . . . . . . 199,191.00 Juvenile Detention Home 2001-02 (23-27) . . . . . . . . . . . . . . . . . . . 312,391.00 Regional Adult Education Specialist 2001-02 (28) . . . . . . . . . . . . 4,000.00 Adult Basic Education 2001-02 (29-30) . . . . . . . . . . . . . . . . . . . . . 199,275.00 Regional Adult Literacy TAP 2002 (31). . . . . . . . . . . . . . . . . . . . . . 190,737.00 Regional ABE 2001-02 (32-33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51,869.00 Statewide Com pulsatory (34-35). . . . . . . . . . . . . . . . . . . . . . . . . . . 5,400.00 Adolescent Health Partnership 2001-02 (36-37). . . . . . . . . . . . . . . 166,771.00 Facilities (38-43) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,314,105.00 Revenues Education Title I Summer (44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fleming Ruffner Community Learning Center (45) . . . . . . . . . . . Juvenile Detention Home 2001-02 (46) . . . . . . . . . . . . . . . . . . . . . Regional Adult Education Specialist 2001-02 (47) . . . . . . . . . . . . Adult Basic Education 2001-02 (48). . . . . . . . . . . . . . . . . . . . . . . . Regional Adult Literacy TAP 2002 (49). . . . . . . . . . . . . . . . . . . . . . Regional ABE 2001-02 (50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statewide Com pulsatory (51) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adolescent Health Partnership 2001-02 (52) . . . . . . . . . . . . . . . . . Nonoperating Transfer from General Fund (53). . . . . . . . . . . . . . . . . . . . . . . . . . . School Food Services Fund Appropriations Education Facilities (54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fund Balance 128,997,480.00 163,671.00 199,191.00 312,391.00 4,000.00 199,275.00 190,737.00 51,869.00 5,400.00 166,771.00 46,897,617.00 46,697,617.00 4,632,227.00 86,218.00 Fund Balance - Unappropriated (55) . . . . . . . . . . . . . . . . . . . . . . . . . . . -0- . ...."".......... 117 1) Transfer to School Fund (001-250-9310-9530) $ 683,055.00 2) Reserved for CMERP - Schools (001-3324) (683,055.00) 3) Comp of Elementary Teachers (030-062-6193-6449-0121 ) 76,189.00 4) Comp of Guidance Counselors (030-062-6193-6449-0123) 11,890.00 5) Teacher Aides (030-062-6193-6449-0141 ) 6,704.00 6) Social Security (030-062-6193-6449-0201 ) 7,251.00 7) Indirect Costs (030-062-6193-6449-0212) 37,718.00 8) Field Trips (030-062-6193-6449-0583) 3,000.00 9) Educ & Recreational Supplies (030-062-6193-6449-0614) 3,000.00 10) Comp of Nurses (030-062-6193-6549-0131 ) 16,646.00 11) Social Security (030-062-6193-6549-0201 ) 1,273.00 12) Comp of Teachers (030-062-6328-6100-0121 ) 40,800.00 13) Comp of Teacher Aides (030-062-6328-6100-0141 ) 82,607.00 14) Social Security (030-062-6328-6100-0201 ) 15,013.00 15) State Retirement (030-062-6328-6100-0202) 4,047.00 16) Health Insurance (030-062-6328-6100-0204) 3,690.00 17) State Group Life Insurance (030-062-6328-6100-0205) 326.00 18) Indirect Costs (030-062-6328-6100-0212) 3,115.00 ,.. ~t . 111II'"' ....-, 118 19) Contracted Services (030-062-6328-6100-0313) $ 23,023.00 20) Tuition - In State (030-062-6328-6100-0382) 5,565.00 21) Conventionsl Education (030-062-6328-6100-0554) 2,005.00 22) Educ & Recreational Supplies (030-062-6328-6100-0614) 19,000.00 23) Comp of Principals (030-062-6574-6554-0126) 64,805.00 24) Comp of Other Professionals (030-062-6574-6554-0138) 11,407.00 25) Social Security (030-062-6574-6554-0201 ) 4,958.00 26) State Retirement (030-062-6574-6554-0202) 5,503.00 27) Health Insurance (030-062-6574-6554-0204) 3,327.00 28) Contracted Services (030-062-6730-6343-0332) 4,000.00 29) Comp of Teachers (030-062-6739-6450-0121 ) 33,136.00 30) Social Security (030-062-6739-6450-0201 ) 2,535.00 31) Contracted Services (030-062-6744-6550-0313) 40,639.00 32) Other Professional Services (030-062-6747 -6451-0313) 14,962.00 33) Other Professional Services (030-062-6747 -6451-0313) 1,685.00 34) Contracted Services (030-063-6838-6315-0332) 1,500.00 35) Educ & Recreational Supplies (030-063-6838-6315-0614) 3,900.00 I ."..~~,........... 119 36) Comp of Nurses (030-064-6827 -6672-0131) $ 7,153.00 37) Social Security (030-064-6827 -6672-0201) 547.00 38) ADDT - Machinery and Equipment (030-060-6006-6681-0821 ) 10,000.00 39) ADDT - Machinery & Equipment (030-065-6006-6307 -0821) 48,000.00 40) REPL - Machinery & Equipment (030-065-6006-6318-0801 ) 250,000.00 41) Replacement of School Buses ( 030-065-6006-6676-0808) 95,555.00 42) ADDT - Motor Vehicle & Equipment (030-065-6006-6682-0824) 39,500.00 43) Buildings (030-065-6006-6896-0851 ) 240,000.00 44) Federal Grant Receipts (030-062-6193-1102) 163,671.00 45) Federal Grant Receipts (030-062-6328-1102) 199,191.00 46) State Grant Receipts (030-062-6574-1100) 90,000.00 47) Fees (030-062-6743-1103) 4,000.00 48) Federal Grant Receipts (030-062-6739-1102) 35,671.00 49) Federal Grant Receipts (030-062-6744-1102) 40,639.00 50) Federal Grant Receipts (030-062-6747 -1102) 16,647.00 ~., '1"....4 "1Ir ~..~",' 120 51) Federal Grant Receipts (030-063-6838-1102) $ 5,400.00 7,700.00 52) Fees (030-060-6827 -1103) 53) Transfer from General Fund (030-060-6000-1037) 683,055.00 54) ADDT - Machinery & Equipment (032-065-6006-6788-0821) 69,240.00 55) Fund Balance - Unappropriated (032-3325) ( 69,240.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor ^T~ JL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35884-052002. A RESOLUTION amending Vision 2001-2020, the City's adopted comprehensive plan, to include Outlook Roanoke Update as an element of the comprehensive plan. WHEREAS, in 1997, the City of Roanoke, Downtown Roanoke, Inc., and the Roanoke Development and Housing Authority collaborated to develop Outlook Roanoke, a development plan for downtown Roanoke; I'''''''.-'';I''~' 121 WHEREAS, in the last several years, downtown Roanoke has experienced several development projects, and more are planned; WHEREAS, the City of Roanoke has recently adopted Vison 2001-2020, the City's comprehensive plan, and neighborhood plans for neighborhoods adjacent to downtown Roanoke; WHEREAS, the future development projects and the various plans relating to the neighborhoods in the vicinity of downtown Roanoke need to be coordinated for the appropriate development and growth of the City of Roanoke; WHEREAS, Downtown Roanoke, Inc., retained an architectural and planning firm to develop Outlook Roanoke Update, an updated development plan for downtown Roanoke; WHEREAS, Outlook Roanoke Update resulted from the efforts of a committee and subcommittee, consisting of downtown business persons, neighborhood leaders and City Staff; and WHEREAS, Outlook Roanoke Update recommends that certain infrastructure changes be made which are designed to encourage an easier flow of traffic within the downtown area and between downtown and adjacent neighborhoods and other areas; and WHEREAS, the Planning Commission has recommended, after public notice and public hearing, that Vision 2001-2020, the City's adopted comprehensive plan, be amended to include Outlook Roanoke Update as an element thereof; NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Roanoke that Vision 2001-2020, the City's adopted comprehensive plan, be amended to include Outlook Roanoke Update as an element thereof. APPROVED Ralph K. Smith Mayor A7h:~ !. f~ Mary F. Parker City Clerk l" . .... ..,... ~"~""" 1 ,...""".........._<,......,,,,.,,...,"lIIJI 122 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35885-052002. A RESOLUTION finding that the proposed use of a portion of East Gate Park by a private entity for a golf facility, subject to certain terms and conditions which encourage young people to learn how to play golf, is substantially in accord with Vision 2001-2020, the City's adopted Comprehensive Plan. WHEREAS, Vision 2001-2020, the City's adopted Comprehensive Plan, encourages diversifying park facilities to enhance the quality of life in the City, suggests the implementation of user fees for parks, and encourages publiclprivate partnerships as a means of implementing park plan items; and WHEREAS, the Parks and Recreation Comprehensive Master Plan was adopted as a part of Vision 2001-2020; and WHEREAS, East Gate Park is included in the Parks and Recreation Comprehensive Master Plan; and WHEREAS, the proposed use of a portion of East Gate Park by a private entity for a golf facility, subject to certain terms and conditions which encourage young people to learn how to play golf, will enhance the City's quality of life and further the goals of Vision 2001-2020; and WHEREAS, the Planning Commission has recommended that City Council find that the proposed use of a portion of East Gate Park by a private entity for a golf facility, subject to certain terms and conditions which encourage young people to learn how to play golf, is substantially in accord with Vision 2001-2020, the City's adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council, by this resolution, finds that the proposed use of a portion of East Gate Park by a private entity for a golf facility, subject to certain I....'"",................. 123 terms and conditions which encourage young people to learn how to play golf, is substantially in accord with Vision 2001-2020, the City's adopted Comprehensive Plan. APPROVED Ralph K. Smith Mayor ATTEST: f?,. 0~er;' ~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35886-052002. AN ORDINANCE to amend fi36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 204 and 307, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, the City Planning Commission and Calvin W. Powers, Mary C. Powers, Theodore J. Sutton and Judy P. Sutton have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, and C-2, General Commercial District, to C-3, Central Business District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by '36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 20, 2002, after due and timely notice thereof as required by fi36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and ",,,,_1 I1Il'" ~~...";.",, 124 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided, as the rezoning is consistent with Vision 2001-2020, the City's adopted Comprehensive Plan. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 204 and 307 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That tract of land lying generally west of Courtland Avenue, north of Orange Avenue and south of Sycamore Avenue, comprising approximately 24.5 acres, more or less, being in the City of Roanoke, Virginia, consisting of Official Tax Nos. 3070301 through 3070310, inclusive; 3070313 through 3070316, inclusive; 2041816 and 2041817, are hereby rezoned from LM, Light Manufacturing District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on March 13, 2002, and that Sheet Nos. 204 and 307 of the Zone Map be changed in this respect; and Official Tax Nos. 3070501, 3070318 and 3070319, are hereby rezoned from C-2, General Commercial District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on March 13, 2002, and that Sheet No. 307 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor A^~ JP~ Mary F. Parker City Clerk I'''",'~'_.~' ~",,_..__.I 125 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2002. No. 35887-052002. AN ORDINANCE authorizing the lease of certain City-owned property to the Blue Ridge Zoological Society of Virginia, Inc, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on May 20, 2002, pursuant to fi15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease agreement with the Blue Ridge Zoological Society of Virginia for the Mill Mountain Zoo located on Mill Mountain, for a five-year term beginning January 1, 2002, and ending December 31, 2006, at a total lease fee of $50.00, upon such terms and conditions as more particularly described in the City Manager's letter to Council dated May 20,2002, and the lease attached thereto. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor A?i\~ I~ Mary F. Parker City Clerk .," 'I"'~ ...... ""11I'I"" ....~,'" 126 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2002. No. 35888-060302. AN ORDINANCE amending Chapter2, Administration, of the Code of the City of Roanoke (1979), as amended, by amending fi2-299, Budget and planning committee, and fi2-303, Personnel committee, and by the addition of a new fi2-304, Legislative committee, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-299, Budget and planning committee, and fi2-303, Personnel committee, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: fi2-299. Budget and planning committee. (a) The budget and planning committee shall be composed of the seven (7) members of the council. The committee shall select a chair from among its members. The city clerk shall serve as secretary to the committee. The committee shall meet at such times as it deems advisable. (b) The budget and planning committee shall be responsible for short and long-range financial planning for the city, particularly with regard to matters that affect the city budget, except for matters for which the audit or other committees are responsible, and shall make such recommendations to the council as it deems advisable concerning the same. *** fi2-303. Personnel committee. The personnel committee of city council shall be composed of all members of the council. The committee shall select a chair from among its members. The personnel committee shall have the responsibility of f ,~."'~'"............. 127 screening, interviewing and selecting the person best qualified to fill any vacancy that may occur in any of the six (6) full-time positions within city government which are appointed or elected by city council. The personnel committee shall also have the responsibility for evaluating the aforementioned council appointees. 2. Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended is amended by the addition of a new fi2-304, Legislative committee, which shall read and provide as follows: fi2-304. Legislative committee. (a) The legislative committee shall be composed of at least four (4) members of the Council, and two (2) members appointed by the school board. The committee shall select a chair from among its members who are members of Council. The City Clerk shall serve as the secretary of the committee and maintain minutes as a permanent record. The committee shall meet on call of any member or the Mayor. (b) The legislative committee shall prepare annually a legislative program for consideration by Council, setting forth the legislative needs of the City and its school system. Once such program is adopted by Council, the committee shall, in coordination with the City Attorney and the City's legislative liaison, work to advance and promote the program. 3. Pursuant to Chapter 12 of the Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor A~T~ ! ~ Mary F. Parker City Clerk ~" ~'-~..~~.,..,.., 128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 2002. No. 35889-060302. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Fifth District Employment and Training Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation ofthe Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Fifth District Employment and Training Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium Administration FY03 (1-9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WIA Youth In-School FY03 (10-20) . . . . . . . . . . . . . . . . . . . . . . . . . WIA Youth Out-of-School FY03 (21-31). . . . . . . . . . . . . . . . . . . . . . Revenues Fifth District Employment and Training Consortium Administration FY03 (32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WIA Youth In-School FY03 (33). . . . . . . . . . . . . . . . . . . . . . . . . . . . WIA Youth Out-of-School FY03 (34) . . . . . . . . . . . . . . . . . . . . . . . . 1) Staff to Board (034-633-2300-8049) $ 30,000.00 2) Wages (034-633-2300-8050) 1,000.00 3) Fringes (034-633-2300-8051 ) 250.00 4) Travel (034-633-2300-8052) 446.00 5) Communication (034-633-2300-8053) 500.00 6) Supplies (034-633-2300-8055) 500.00 $ 4,086,788.00 38,396.00 241,520.00 104,000.00 4,086,788.00 38,396.00 241,520.00 104,000.00 f ,~.""_,............ 129 7) Insurance (034-633-2300-8056) $ 150.00 8) Contractual Services (Rent) (034-633-2300-8057) 5,500.00 9) Miscellaneous (034-633-2300-8060) 50.00 10) Wages (034-633-2363-8050) 29,500.00 11) Fringes (034-633-2363-8051 ) 7 ,375.00 12) Travel (034-633-2363-8052) 750.00 13) Communication (034-633-2363-8053) 750.00 14) Supplies (034-633-2363-8055) 750.00 15) Insurance (034-633-2363-8056) 750.00 16) Contractual Services (Rent) (034-633-2363-8057) 11,000.00 17) Miscellaneous (034-633-2363-8060) 645.00 18) DSLSS (034-633-2363-8232) 25,000.00 19) TAP (034-633-2363-8233) 130,000.00 20) STEP, INC (034-633-2363-8234 ) 35,000.00 21) Wages (034-633-2364-8050) 14,000.00 22) Fringes (034-633-2364-8051 ) 3,500.00 23) Travel (034-633-2364-8052) 250.00 24) Communication (034-633-2364-8053) 500.00 25) Supplies (034-633-2364-8055) 500.00 26) Insurance (034-633-2364-8056) 250.00 27) Contractual Services (Rent) (034-633-2364-8057) 4,500.00 ,.'~....-~~''-..'''_. 130 28) Miscellaneous 29) OSITAP 30) OSISTEP ,INC 31) ALLEGHANY CO 32) Administration- Revenue (034-633-2364-8060) (034-633-2364-8236) (034-633-2364-8237) (034-633-2364-8238) $ 500.00 40,000.00 15,000.00 25,000.00 (034-633-2300-2300) 38,396.00 33) WIA Youth In- School - Revenue (034-633-2363-2363) 34) WIA Youth Out-of- School- Revenue (034-633-2364-2364) 241,520.00 104,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED /kT~ ! ~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 2002. No. 35890-060302. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 131 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Paving Program (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,643,231.00 2,766,362.00 Revenues Grants-In-Aid Commonwealth Other Categorical Aid (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46,675,290.00 16,671,410.00 1) Fees for Professional Services (001-530-4120-2010) $ 273,218.00 2) Street Maintenance (001-110-1234-0650) 273,218.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED 7hT~ /. (/~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2002. No. 35891-060302. AN ORDINANCE accepting the bid of Adams Construction Company for paving of various streets and raising manholes, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. '.--...,.....' ..,. . . 132 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Adams Construction Company made to the City in the total amount of $2,034,202.55 (base bid plus Alternate No.1), for paving of various streets and raising manholes, within the City of Roanoke, as is more particularly set forth in the City Manager's report to this Council, dated June 3, 2002, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the Purchasing Manager, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED 7h:' ; ~ Mary F. Parker City Clerk Ralph K. Smith Mayor 133 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 2002. No. 35892-060302. A RESOLUTION accepting the bid of Griffin Pipe Products Company made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. BE IT RESOLVED by this Council of the City of Roanoke that: 1. This unit price bid of Griffin Pipe Products Company made to the City, offering to supply ductile iron water pipe, for the period of July 1, 2002 to June 30, 2003, meeting all of the City's specifications and requirements therefor, at the unit price as set forth in its bid documents, not anticipated to exceed $148,688.50, based on estimated quantities, which bid is on file in the Purchasing Division, is hereby ACCEPTED, as set forth in the City Manager's letter to Council dated June 3, 2002. 2. The City's Manager of the Purchasing Division is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into such order the City's specifications, the terms of such bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED 7h,..., J p~ Mary F. Parker City Clerk Ralph K. Smith Mayor '---,r-"" . 134 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 2002. No. 35893-060302. A RESOLUTION accepting the bids for water and wastewater treatment chemicals for fiscal year 2002-2003, and rejecting all other bids. BE IT RESOLVED by this Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described as needed fo!" the period July 1, 2002 to June 30, 2003, such items being more particularly described in the letter of the City Manager to this Council dated June 3, 2002, and in the City's specifications and any alternates and in each bidder's proposal, which are on file in the Purchasing Division are hereby ACCEPTED at the unit purchase prices set out with each item: Item # Description Successful Bidder Unit Purchase Price 1 a. Liquid AlumlCarvins Cove General Chemical $ .4185 per gal. Corporation 1 b. Liquid Alum/Falling Creek General Chemical $ 1.2285 per gal. Corporation 2 a. Liquid Chlorine JCI Jones $ 39.00 per cwt 150 lb. Cvlinders Chemicals. Inc. 2 b. Liquid Chlorine JCI Jones $ 15.00 per cwt 2,000 lb. Cvlinders Chemicals. Inc. 3 a. Sodium HydroxidelCarvins Brenntag Southeast $ .566 per gal. Cove Inc. 3 b. Sodium Hydroxide/Falling Vopak USA, Inc. $ 1.276 per gal. Creek 3 c. Sodium HydroxidelCrystal Vopak USA, Inc. $ 1.35 per gal. Sprina 4 Polvmer Praestol 186 KH Polvdvne Inc. $ 2.75 Der gal. Water Fund 135 Item # 1 Descri tion Liquid Chlorine 2000 lb. c linders Ferric Chloride Sulfur Dioxide Catonic Polymer Wastewater Treatment Fund Successful Bidder Unit Purchase Price JCI Jones Chemicals, Inc. $ 15.00 per cwt 5 Ferrous Chloride Ea lebrook Inc. JCI Jones Chemicals Inc. Ciba Specialty Chemicals Cor oration Ea lebrook Inc. $ 2 3 4 .249 er al. 2. The City's Manager of the Purchasing Division is hereby authorized and directed to issue the requisite purchase orders for the above mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED ?hT~ I ~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2002. No. 35894-060302. A RESOLUTION accepting the bid of Smith Turf & Irrigation Co. for the purchase of one (1) new 16 foot rotary mower, upon certain terms and conditions; rejecting the bid received for a tractor and articulated boom mover; and rejecting all other bids. "~----nr-"'''' , 136 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Smith Turf & Irrigation Co. to furnish one (1) new 16 foot rotary mower at a total cost of $68,107.00, as set forth in the City Manager's letter to Council dated June 3, 2002, is hereby ACCEPTED. 2. The bid submitted by Boone & Becker Implement, Inc., to furnish one (1) new tractor and articulated boom mower system at a total cost of $95,867.33, as set form in the City Manager's letter to Council dated June 3, 2002, is hereby REJECTED. 3. The City's Acting Manager of Purchasing is hereby authorized to issue the requisite purchase order for the purchase of such equipment, and the City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid equipment, such documents to be in form approved by the City Attorney. 4. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED A~ ~ .J ~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 2002. No. 35895-060302. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Grant Fund Appropriations, and providing for an emergency. I',,,,,,,-,~,_,. 137 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety DUI Overtime Grant - FY02 (1-2). . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,136,993.00 15,000.00 Revenues Public Safety DUI Overtime Grant - FY02 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . 2,136,993.00 15,000.00 1) Overtime (035-640-3409-1003) (035-640-3409-1120) $ 13,852.00 2) FICA 1,148.00 3) State Grant Receipts (035-640-3409-3409) 15,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor AA:~ IP~ Mary F. Parker City Clerk 1',....- ~... "'.~~"'., 138 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2002. No. 35896-060302. A RESOLUTION accepting the Driving Under the Influence Enforcement Grant offer made to the City by the Commonwealth of Virginia's Department of Motor Vehicles and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia's Department of Motor Vehicles of the Driving Under the Influence Enforcement grant in the amount of $15,000, such grant being more particularly described in the letter of the City Manager, dated June 3, 2002, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, including any documents providing for indemnification from the City that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia's Department of Motor Vehicles in connection with the City's acceptance of this grant. APPROVED i1\:~ J p~ Mary F. Parker City Clerk Ralph K. Smith Mayor ~ ,..,-_............. 139 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 2002. No. 35897-060302. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Personal Services (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contractual Services (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other Charges (3-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000.00 138,000.00 100,000.00 12,000.00 Revenues Nonoperating City Contribution (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Virginia Tech Contribution (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . 250,000.00 125,000.00 125,000.00 1) Regular Employee Salaries (010-320-9500-1002) $ 138,000.00 2) Fees for Professional Services (010-320-9500-2010) 100,000.00 3) Training and Development (010-320-9500-2044) 4) Administration (010-320-9500-2092) 2,000.00 10,000.00 '....;.,. . ..........,.~ 140 5) City Contribution (010-320-1234-1125) $ 125,000.00 6) Virginia Tech Contribution (010-320-1234-1128) 125,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor ATTEST: /\~ ;/L Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2002. No. 35898-060302. A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2002-2003. WHEREAS, fi21 of the Hotel Roanoke Conference Center Commission Act (Chapter 440 of 1991 Acts of Assembly) requires that each participating party approve the Commission's proposed operating budget for the forthcoming fiscal year; WHEREAS, the Commission has submitted to this Council a proposed operating budget for Fiscal Year 2002-2003; and WHEREAS, this Council desires to approve such proposed budget; I.. ,..,,""_,.........~...., 141 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the annual operating budget for the Hotel Roanoke Conference Center Commission for Fiscal Year 2002-2003, a copy of which is attached to the letter of the City Manager to this Council, dated June 3, 2002, with the City's share of the operating subsidy being established at $125,000.00, is hereby approved. APPROVED Ralph K. Smith Mayor ^:~J~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 2002. No. 35899-060302. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Flood Reduction Roanoke River Corridor Plan (1-2) . . . . . . . . . . . . . . . . . . . . . . . . . Surveying Roanoke River Flood Reduction (3-4) . . . . . . . . . . . . . Roanoke River Flood Reduction - Land Acquisition (5-6) ...... Roanoke River Flood Reduction (7-8). . . . . . . . . . . . . . . . . . . . . . . Roanoke River Flood Reduction Phase II Environmental (9-10). . $ 21,832,065.00 66,375.00 413,433.00 1,040,507.00 13,822,868.00 1,213,587.00 '-"""IIIr""'-'" 142 Roanoke River Utility Relocation (11-12) . . . . . . . . . . . . . . . . . . . . $ 240,000.00 Capital Improvement Reserve 15,686,139.00 Series 2002 Public Improvement Bonds (13). . . . . . . . . . . . . . . . . 13,000,000.00 1) Appropriated from General Revenue (008-052-9614-9003) $ ( 66,375.00) 2) Appropriated from Series 2002 Bond Issue (008-052-9614-9076) 66,375.00 3) Appropriated from General Revenue (008-056-9618-9003) ( 413,433.00) 4) Appropriated from Series 2002 Bond Issue (008-056-9618-9076) 413,433.00 5) Appropriated from General Revenue (008-056-9619-9003) ( 754,408.00) 6) Appropriated from Series 2002 Bond Issue (008-056-9619-9076) 754,408.00 7) Appropriated from General Revenue (008-056-9620-9003) 2,687,803.00 8) Appropriated from Series 2002 Bond Issue (008-056-9620-9076) 4,812,197.00 9) Appropriated from General Revenue (008-056-9623-9003) ( 1,213,587.00) 10) Appropriated from Series 2002 Bond Issue (008-056-9623-9076) 1,213,587.00 11) Appropriated from General Revenue (008-530-9765-9003) ( 240,000.00) 1,",.._............, 143 12) Appropriated from Series 2002 Bond Issue (008-530-9765-9076) $ 240,000.00 13) Flood Reduction (008-530-9711-9185) ( 7,500,000.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor 7k:~ J ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2002. No. 35900-060302. A RESOLUTION authorizing execution of an Amendment to the Agreement, dated October 4, 2000, entered into by and between the City of Roanoke and the Art Museum of Western Virginia, in order to provide for an extension of time for performance of certain actions to be taken pursuant to the Agreement. WHEREAS, pursuant to the authority contained in Resolution No. 35091-100200, adopted by City Council October 2, 2000, the City and the Art Museum of Western Virginia entered into an Agreement dated October 4, 2000, in connection with the City's providing certain funding in relation to the Art Museum's proposal to design, develop and construct a new building or complex located in the City of Roanoke to house an Art Museum, IMAX Theater, and possible other entities; which Agreement required the performance of certain actions by a particular date, and the parties mutually desire that the time of performance as set forth in Section 2(B) and (C) of the Agreement be extended. 'IIr ~"",.",q.. .-" 144 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an Amendment to the Agreement dated October 4,2000, in order to extend the time of performance of certain actions required to be taken by the Agreement, all in accordance with the recommendation set forth in the report of the City Manager, dated June 3, 2002. 2. The Amendment shall be in substantially the same form as that which is attached to the aforementioned City Manager's report, and shall be approved as to form by the City Attorney. APPROVED Ralph K. Smith Mayor ~T~ /L Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 2002. No. 35901-060302. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: .......,_............,.... Appropriations Community Development Block Grant - FY02 CDBG Unprogrammed - FY02 (1-2). . . . . . . . . . . . . . . . . . . . . . . HOME Program - FY02 HOME Unprogrammed - FY02 (3) . . . . . . . . . . . . . . . . . . . . . . . . Revenues Community Development Block Grant - FY02 (4-7) . . . . . . . . . . . HOME Program - FY02 (8-9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1) Unprogrammed CDBG - Other - FY02 (035-G02-0240-5189) $ 1,703.00 2) Unprogrammed CDBG - RRHA - FY02 (035-G02-0240-5197) 31,854.00 3) Unprogrammed HOME - FY02 (035-090-5324-5320) 8,463.00 4) Parking Lot Income (035-G02-0200-2202) 11,100.00 5) Other Program Income - RRHA (035-G02-0200-2203) 2,640.00 6) Home Ownership Assistance (035-G02-0200-2222) 1,703.00 7) Rental Rehabilitation Repayment (035-G02-0200-2240) 18,114.00 8) HOME Program Income First Union - FY02 (035-090-5324-5320) 4,882.00 9) HOME Program Income RRHA - FY02 (035-090-5324-5324) 3,581.00 "">---"---',, 145 $ 2,635,444.00 375,883.00 781,097.00 28,097.00 2,635,444.00 781,097.00 - ! 146 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor A?\:~ -J ~ Mary F. Parker City Clerk NOTE: ' INSERT TO BE ADDED AFTER SIGNA TURES OF CITY CLERK AND MAYOR '".....'T ....'......,..--.j . , ....... 177 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $41 ,224.00 to the contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED Ralph K. Smith Mayor A~~ J. -P~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35926-061702. AN RESOLUTION accepting the proposal of Tickets.com, Inc. to provide ticketing and related services for the City's Civic Facilities for a five year period with an option to renew for up to an additional five years upon mutual agreement by parties, and upon other terms and conditions; authorizing the proper City officials to execute the requisite contract for same; and rejecting all other proposals made to the City. WHEREAS, the Roanoke Civic Center Commission has recommended that City Council take the above action. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council agrees with recommendation of the Roanoke Civic Center Commission. "'I'''-~''''''''''''~ 178 2. The proposal of Tickets.com, Inc., to provide computerized ticketing and related services for the City's Civic Facilities for a five year period, all as more fully set forth in a letter to Council dated June 17, 2002, be and is hereby ACCEPTED. 3. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, upon form approved by the City Attorney, a Contract with Tickets.com, Inc., for the provision of computerized ticketing and related services for the City's Civic Facilities for a five year period with an option to renew for up to an additional five years upon mutual agreement of the parties and which allows Tickets.com., Inc., to make certain charges as set forth in the Contract attached to the above letter, with the terms of the Contract to be substantially similar to the Contract attached to above letter to Council. 4. The City Manager is further authorized to take such further action andlor execute such further documents as may be necessary to implement and administer such Contract. 5. Any and all other proposals made to the City for providing computerized ticketing and related services are hereby REJECTED, and the City Clerk is directed to notify each such offer or and to express to each the City's appreciation for such proposal. APPROVED Ralph K. Smith Mayor ATTEST: ~ /0. AAp .;. r ~.. Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35927-061702. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Civic Center Fund Appropriations, and providing for an emergency. . , ....alL 179 WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Civic Center ExpansionlRenovation II (2) . . . . . . . . . . . . . . . . . . 4,521,000.00 849,340.00 5,585,254.00 893,500.00 Operating Civic Center Capital Outlay (1) . . . . . . . . . . . . . . . . . . . . . . . . . . 1) Other Equipment 2) Appropriated from General Revenue (005-550-2108-9015) (43,500.00) (005-550-8616-9003) 43,500.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor ATTEST: ~ A~J.r~. Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35928-061702. AN ORDINANCE accepting the bid of Acken Signs, Incorporated for the new freestanding sign ("marquee") for the Roanoke Civic Center that will be visible to vehicular traffic using Interstate 1-581 along the western edge of the multi-building complex, and providing for the interface of computer software used by the new sign and the existing sign to permit separate or simultaneous display of message and I'''-~'''''--''-'' 180 graphics for the two signs, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Acken Signs, Incorporated in the amount of $139,373.00 for the new freestanding sign ("marquee") for the Roanoke Civic Center that will be visible to vehicular traffic using Interstate 1-581 along the western edge of the multi- building complex, and providing for the interface of computer software used by the new sign and the existing sign to permit separate or simultaneous display of message and graphics for the two signs, as is more particularly set forth in the City Manager's letter dated June 17, 2002, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Division, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: /? ~~ .; r~ Mary F. Parker City Clerk - APPROVED Ralph K. Smith Mayor . . ......., 181 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35929-061702. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 27,979,647.00 Human Services Committee (1-38) . . . . . . . . . . . . . . . . . . . . . . . . . . 484,264.00 01) Fees for Professional Services (001-630-5220-2010) 11,000.00 02) YMCA of Roanoke Valley (001-630-5220-3708) 9,000.00 03) Literacy Volunteers of America (001-630-5220-3709) 1,000.00 04) Family Services of Roanoke (001-630-5220-3720) 39,500.00 05) Bradley Free Clinic (001-630-5220-3721 ) 30,000.00 06) League of Older Americans (001-630-5220-3722) 29,000.00 07) Roanoke Area Ministries (001-630-5220-3723) 40,000.00 08) RADAR (001-630-5220-3725) 24,000.00 09) Bethany Hall (001-630-5220-3728) 7,500.00 10) Big BrotherslBig Sisters (001-630-5220-3729) 7,000.00 11) Child Abuse Prevention (001-630-5220-3730) 4,000.00 12) Council of Community Services (001-630-5220-3732) 13,369.00 13) Northwest Child Development Center (001-630-5220-3734) 20,000.00 14) Roanoke Valley Speech and Hearing (001-630-5220-3738) 3,500.00 15) TRUST (001-630-5220-3740) 7,600.00 ,....................... 182 16) Inner City Athletic Association (001-630-5220-3744) 5,000.00 17) West End Center (001-630-5220-3745) 35,000.00 18) Adult Care Center (001-630-5220-3746) 6,600.00 19) Tinker Mountain Industries (001-630-5220-3747) 38,000.00 20) Conflict Resolution Center (001-630-5220-3748) 6,000.00 21) CHIP (001-630-5220-3751) 45,800.00 22) Salvation Army (001-630-5220-3752) 28,000.00 23) Roanoke Adolescent Health Partnership 24) Court Appointed Special Advocate (001-630-5220-3775) 25) Greenvale Nursery School (001-630-5220-3780) 26) Blue Ridge Independent Living Center 27) National MS Society (001-630-5220-3767) 9,500.00 6,000.00 9,000.00 (001-630-5220-3781 ) (001-630-5220-3783) 2,200.00 1,495.00 28) Mental Health Association Of Roanoke Valley (001-630-5220-3784) 2,200.00 29) YWCA (001-630-5220-3785) 4,000.00 30) National Conference for Community and Justice (001-630-5220-3786) 2,000.00 31) Reserve - SW Virginia Second Harvest Food Bank (001-630-5220-3788) 15,000.00 32) Planned Parenthood of the Blue Ridge (001-630-5220-3795) 4,000.00 33) St. John's Community Youth Program (001-630-5220-3797) 5,000.00 34) Virginia Skyline Girl Scout Council, Inc. (001-630-5220-3798) 5,000.00 35) Good Samaritan Hospice (001-630-5220-3799) 1,000.00 36) Presbyterian Community Center (001-630-5220-3801 ) 4,000.00 37) Blue Ridge Legal Services, Inc. (001-630-5220-3802) 3,000.00 38) Subsidies (001-630-5220-3700) ( 484,264.00) . , ........ 183 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be ineffect from its passage. APPROVED Ralph K. Smith Mayor AA~:/ ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35930-060302. A RESOLUTION concurring in the recommendations of the Human Services Committee ("Committee") for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2002- 2003; authorizing the City Manager or her designee to execute a contract with the Salvation Army for provision of services under the Homeless Housing Program - Red Shield Lodge, andlor Abused Women's Shelter - The Turning Point, to execute a contract with St. John's Community Youth Program, Inc., for provision of services, and to execute a contract with the Council of Community Services to perform the necessary audits. WHEREAS, the Fiscal Year 2002-2003 budget approved by City Council for the Human Services Committee provides for funding in the amount of $484,264.00; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Human Services Committee; WHEREAS, requests for City funding in the total amount of $1,058,648.55 were received by the Human Services Committee from forty-two (42) agencies; 184 WHEREAS, after studying each application and holding allocation meeting hearings, the Committee has recommended allocation offunding to certain applicant agencies for Fiscal Year 2002-2003; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Human Services Committee as to the allocations for funding of various nonprofit agencies and performance audits for Fiscal Year 2002-2003 as more particularly set forth in the Committee report submitted to this Council, dated June 17,2002, and the attachment to that report. 2. The Chairman of the Human Services Committee and the Director of Human Development are authorized to release funds to the appropriate agency, provided objectives, activities, and other reasonable requests ofthe monitoring staff as well as compliance with items reviewed by Municipal Auditing have been submitted and accepted. 3. The City Manager or her designee is authorized to execute a contract with the Salvation Army for provision of services under the Homeless Housing Program andlor Abused Women's Shelter for the Homeless Housing Program - Red Shield Lodge, ($14,000.00) and abused Women's Shelter - The Turning Point ($14,000.00); St. John's Community Youth Program, Inc., ($5,000.00); and the Council of Community Services, for performance audits to be conducted, ($11,000.00). APPROVED ATTEST: I? I'Y\. ~ :J. r ~ Mary F. Parker City Clerk Ralph K. Smith Mayor , ... ........... 185 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35931-061702. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural Roanoke Arts Commission (1-16). . . . . . . . . . . . . . . . . . . . $ 3,981,426.00 289,112.00 1) Fees for Professional Services (001-310-5221-2010) 6,000.00 2) Mill Mountain Zoo (001-310-5221-3701 ) 10,500.00 3) Harrison Museum of African American Culture (001-310-5221-3713) 28,750.00 4) Virginia Museum of Transportation (001-310-5221-3714) 85,000.00 5) Roanoke Symphony and Roanoke Valley Choral (001-310-5221-3736) 21,500.00 6) Roanoke Valley Arts Council (001-310-5221-3737) 12,500.00 7) Mill Mountain Playhouse (001-310-5221-3749) 10,500.00 8) Art Museum of Western Virginia (001-310-5221-3750) 14,000.00 9) Virginia's Explore Park (001-310-5221-3758) 36,750.00 10) Opera Roanoke (001-310-5221-3762) 6,500.00 11) Science Museum of Western Virginia (001-310-5221-3774) 40,112.00 ~;--......,........."".".., 186 12) Roanoke Valley Historical Society (001-310-5221-3776) 9,500.00 13) Roanoke Ballet Theatre (001-310-5221-3779) 1,500.00 14) Southwest Virginia Ballet (001-310-5221-3794) 2,000.00 15) Young Audiences of Virginia (001-310-5221-3802) 4,000.00 16) Subsidies (001-310-5221-3700) (289,112.00) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor ATTEST: ~ A~ /r~. Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35932-061702. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ... . .......... General Fund Appropriations Public Safety Outreach Detention (1). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nondepartmental Transfer of Other Funds (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grant Fund Appropriations Health and Welfare Juvenile Accountability Incentive Block Grant - FY02 City of Roanoke (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Juvenile Accountability Incentive Block Grant - FY02 Roanoke County (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenues Health and Welfare Juvenile Accountability Incentive Block Grant - FY02 City of Roanoke (5-6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Juvenile Accountability Incentive Block Grant - FY02 Roanoke County (7-8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1) Reimbursements 2) Transfer to Grant Fund 3) Fees for Professional Services 4) Fees for Professional Services 5) State Grant Receipts 6) Local Match 7) State Grant Receipts 8) Local Match ~'_..~.~..'"^",.~ (001-631-3330-8005) (001-250-9310-9535) (035-630-5054-2010) (035-630-5056-2010) (035-630-5054-5054) (035-630-5054-5055) (035-630-5056-5056) (035-630-5056-5057) 187 $ 46,886,867.00 167,919.00 72,501,312.00 72,139,302.00 3,334,610.00 38,562.00 15,319.00 3,334,610.00 38,562.00 15,319.00 ( 3,856.00) 3,856.00 38,562.00 15,319.00 34,706.00 3,856.00 13,787.00 1,532.00 188 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor A:~ ! /L Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35933-060302. A RESOLUTION authorizing acceptance of a Juvenile Accountability Incentive Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Juvenile Accountability Incentive Block Grant funds from the Virginia Department of Criminal Justice Services, in the amount of $48,493.00, as set forth in the City Manager's letter, dated June 17, 2002, to this Council are hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. APPROVED A~~ /L Mary F. Parker City Clerk 1 Ralph K. Smith Mayor . ......... 189 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35934-061702. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Nondepartmental Transfers to Other Funds (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,955,432.00 8,999,119.00 72,313,407.00 71,951,397.00 Health and Welfare Comprehensive Services Act (1-3) . . . . . . . . . . . . . . . . . . . . . . . . Revenues Grants-In-Aid-Commonwealth CSA-State Supplemental (5) . . . . . . . . . . . . . . . . . . . 46,861,142.00 2,989,519.00 1) SpecialEducation- Residential (001-630- 5410-3185) 191,718.00 2) Special Education- Private Day Facilities (001-630- 5410-3187) 371,454.00 3) Special Education- Public Day Facilities (001-630-5410-3188) 35,947.00 4) Transfer to School Fund (001-250-9310-9530) ( 184,049.00) 5) CSA-State Supplemental (001-110-1234-0692) 415,070.00 ~,.,,,,,,~.,,.,.,.,, 190 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor A~~ :J,-P~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35935-061702. A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and to attest, respectively, an agreement with the Roanoke Vcdley Convention and Visitors Bureau for a term of one year, from July 1, 2002, through June 30, 2003, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this Council dated June 17, 2002. 2. The contract amount authorized by this resolution shall not exceed $827,154 without further Council authorization, except for the adjustment which the Director of Finance is authorized to make in accordance with the agreement. ...,~ 191 3. Such agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned letter. APPROVED Ralph K. Smith Mayor ~~ -7. L Mary F. Parker City Clerk - - - - - - - - - - - - - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35936-060302. AN ORDINANCE amending and reordaining fi14.1-3, Littering, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, by adding new subsections (f) and (g), and amending and reordaining fi14.1-21, Certain solid waste not to be collected B Generally, of Article I, In General, of Chapter 14.1, Solid Waste Manaaement, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1-3, Littering, of Article I, In General, of Chapter 14.1, Solid Waste Manaaement, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by adding new subsections (f) and (g), to read and provide as follows: fi14.1-3. Littering. *** (f) The above subsections notwithstanding, the City Manager may order, in writing, the owner or occupant of any property to remove solid waste found lying or located on the City right-of-way placed there by such person in violation of any provision of this chapter. The order shall be personally served on such owner or occupant by the City Manager, who shall note the time, place and manner of such service on a duplicate copy of the notice to be retained by the City Manager. In lieu 192 of such personal service, such notice may be sent by certified mail, return receipt requested, addressed to such owner or occupant at his or her last-known address as set forth in the City's real estate valuation records. The notice shall state the time within which the action or work ordered to be done must be completed, and such time shall not be less than twenty-four (24) hours before such responsible owner or occupant shall have received notice of the work ordered to be done. Any owner or occupant receiving such notice shall immediately proceed to remove such solid waste. (g) Upon the failure, neglect or refusal of the owner or occupant upon whom notice has been served pursuant to subsection 14.1-3(f) of the City Code to comply with such order, the City Manager may have the removal performed by City personnel. The cost for such removal shall be charged to the owner or occupant responsible for placing the solid waste within the right-of-way and shall be a charge based upon the actual costs and fees incurred in the removal. If such bill is not paid within thirty (30) days, legal action may be instituted for its collection. Prosecution for failure, neglect or refusal of such person to remove such solid waste shall not be barred by the City proceeding to have the work done in accordance with this section. *** 2. Section 14.1-21, Certain solid waste not to be collected -Generally, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: fi14.1-21. Certain solid waste not to be collected B Generally. (a) Manure, topsoil, earth, stone, rock, brick, concrete, asphalt, heavy metal, sheet rock, plate or large broken glass, poisons, caustics, acids, hazardous waste, trees, stumps, explosives, or other dangerous materials, or rubbish from construction, remodeling, razing and repair operations on houses, commercial buildings and other structures shall not be placed out for collection by an authorized person and shall not be removed by an authorized person, and in no circumstances shall hazardous waste be put out for collection by any person. (b) The above subsection notwithstanding, not more than two (2) automobile tires will be collected from any residence or commercial establishment per week. Such tires shall be taken off the rim, shall not be placed inside an automated collection container, and shall be placed at the curb in the same manner as collections pursuant to section 14.1-23 of the City Code. . .,......... 193 3. Pursuant to fi12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ~:~;p~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35937-060302. AN ORDINANCE amending and reordaining subsection (c) of fi2-37, Office hours. work weeks and holidays, Code of the City of Roanoke (1979), as amended; the amended subsection providing for a floating holiday, Friday, July 5, 2002, for the year 2002 only; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (c) of fi 2-37, Office hours. work weeks and holidays, Code of the City of Roanoke (1950), as amended, is hereby amended and reordained to read and provide as follows: fi2-37. Office hours. work weeks and holidays. *** (c) Except as provided in subsection (d) of this section and herein, each officer or employee of the city shall receive eighty- eight (88) hours of holiday time each year (the nine legal holidays of the city established by subsection (b) above, the second Monday in October (Columbus Day) and November 11 (Veterans Day) and, for the year 2002 only, the first Friday in July); offices of the city shall remain open during the three latter holidays which shall be observed as floating holidays by City employees. Except for employees of departments that work twenty-four (24) shifts, holiday time shall be taken on the nine (9) legal holidays of the city established by subsection (b) of this section and at ,. '.............-....-... ...- , 194 such other times as shall be mutually agreed to by the officer or employee and his department head or equivalent official. Employees of departments that work twenty-four (24) hour shifts shall take their holiday time at times mutually agreed to by them and their department head or equivalent official. On and after July 1, 1996, twenty-four (24) hours of holiday time may be carried over from one fiscal year to the next and accumulated and used at times mutually agreed to between any officer or employee carrying over holiday time and his department head or equivalent official. No officer or employee shall be paid for holiday time accumulated after November 1, 1995. *** 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after June 17,2002. APPROVED Ralph K. Smith Mayor ~~J~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35938-061702. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001 - 2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follow, in part: . ~... . ............ Appropriations 195 General Fund (1-87) . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . $200,250,022.00 Revenues General Fund (88-93) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191,262,816.00 1 ) Regular Salaries 2 ) Regular Salaries 3 ) Regular Salaries 4 ) Regular Salaries 5 ) Regular Salaries 6 ) Regular Salaries 7 ) Regular Salaries 8 ) Regular Salaries 9 ) Regular Salaries 10 ) Regular Salaries 11 ) Regular Salaries 12 ) Regular Salaries 13 ) Regular Salaries 14 ) Regular Salaries 15 ) Regular Salaries 16 ) Regular Salaries 17 ) Regular Salaries 18 ) Regular Salaries 19 ) Regular Salaries 20 ) Regular Salaries 21 ) Regular Salaries 22 ) Regular Salaries 23 ) Regular Salaries 24) Regular Salaries 25 ) Regular Salaries 26 ) Regular Salaries 27 ) Regular Salaries 28 ) Regular Salaries 29 ) Regular Salaries 30 ) Regular Salaries 31 ) Regular Salaries 32 ) Regular Salaries ~......."~..,._.., (001-110-1234-1002) (001-120-2111-1002) (001-121-2130-1002) (001-122-2131-1002) (001-124-2120-1002) (001-125-2110-1002) (001-130-1233-1002) (001-140-2140-1002) (001-140-3310-1002) (001-150-2210-1002) (001-150-2211-1002) (001-200-1110-1002) (001-210-1220-1002) (001-220-1120-1002) (001-230-1235-1002) (001-230-1236-1002) (001-240-1240-1002) (001-250-1231-1002) (001-250-1232-1002) (001-260-1310-1002) (001-300-1210-1002) (001-300-1211-1002) (001-310-8120-1002) (001-340-1261-1002) (001-340-1263-1002) (001-410-1212-1002) (001-430-4130-1002) (001-430-4131-1002) (001-430-4170-1002) (001-440-1237 -1002) (001-440-1260-1002) (001-440-1617 -1002) (9,892.00) (30,404.00) 454.00 56.00 121.00 (13,223.00) (32,558.00) (22,414.00) (36,202.00) (108,629.00) (10,306.00) 81.00 (3,155.00) (8,689.00) (31,026.00) (21,469.00) (36,453.00) (14,338.00) 10,356.00 (20,151.00) 576.00 (1,518.00) 3,420.00 (46,908.00) (965.00) (10,453.00) (2,122.00) (17,575.00) 8,513.00 (4,149.00) (38,876.00) (5,539.00) 196 33 ) Regular Salaries (001-440-4220-1002) 34 ) Regular Salaries (001-440-4330-1002) 35 ) Regular Salaries (001-520-3211-1002) 36) Regular Salaries (001-520-3212-1002) 37 ) Regular Salaries (001-520-3213-1002) 38) Regular Salaries (001-520-3214-1002) 39 ) Regular Salaries (001-520-3521-1002) 40) Regular Salaries (001-530-1280-1002) 41 ) Regular Salaries (001-530-4110-1002) 42) Regular Salaries (001-530-4140-1002) 43) Regular Salaries (001-530-4160-1002) 44 ) Regular Salaries (001-530-4210-1002) 45 ) Regular Salaries (001-530-4310-1002) 46) Regular Salaries (001-560-3410-1002) 47) Regular Salaries (001-610-8110-1002) 48 ) Regular Salaries (001-615-8111-1002) 49 ) Regular Salaries (001-615-8112-1002) 50 ) Regular Salaries (001-615-8113-1002) 51 ) Regular Salaries (001-620-4340-1002) 52 ) Regular Salaries (001-620-7110-1002) 53 ) Regular Salaries (001-630-1270-1002) 54 ) Regular Salaries (001-630-5311-1002) 55 ) Regular Salaries (001-630-5313-1002) 56) Regular Salaries (001-630-5314-1002) 57 ) Regular Salaries (001-630-5316-1002) 58) Regular Salaries (001-630-5317-1002) 59 ) Regular Salaries (001-630-5318-1002) 60 ) Regular Salaries (001-631-3330-1002) 61 ) Regular Salaries (001-631-3350-1002) 62 ) Regular Salaries (001-631-3360-1002) 63 ) Regular Salaries (001-640-3111-1002) 64) Regular Salaries (001-640-3112-1002) 65 ) Regular Salaries (001-640-3113-1002) 66) Regular Salaries (001-640-3114-1002) 67 ) Regular Salaries (001-640-3115-1002) 68) Regular Salaries (001-640-3530-1002) 69 ) Regular Salaries (001-650-2150-1002) 70 ) Regular Salaries (001-650-7310-1002) 71 ) Regular Salaries (001-660-1214-1002) 72 ) Fees for Professional Services (001-121-2130-2010) (60,383.00) (190,524.00) 59,818.00 56,221.00 580,570.00 2,817.00 (288,814.00) (337.00) (94,582.00) (22,948.00) (134,007.00) 310,275.00 (35,452.00) 1,923.00 (147,046.00) 17,069.00 15.00 (49,337.00) (201,525.00) 118,762.00 15,940.00 (2,664.00) 17,946.00 (9,634.00) (76,798.00) (1,250.00) 1,429.00 3,846.00 (8,821.00) (6,581.00) 33,151.00 108,799.00 (350,071.00) (30,571.00) 17,888.00 (62,120.00) (11,463.00) (38,326.00) (30,794.00) 43,500.00 ................ ",'__1;.c'~""'d""'~'_' .....,.......--.. 197 73 ) Fees for Professional Services (001-220-1120-2010) 10,250.00 74 ) Payroll Accrual (001-250-9110-1099) (150,000.00) 75) Medical Insurance (001-250-9110-1125) (224,374.00) 76 ) Dental Insurance (001-250-9110-1126) (6,836.00) 77 ) Workers' Comp- Wages (001-250-9110-1135) (400,000.00) 78 ) Workers' Comp- Medical (001-250-9110-1140) (400,000.00) 79) Unemployment Wages (001-250-9110-1145) (35,000.00) 80 ) Extended Illness Wages (001-250-9110-1149) (20,000.00) 81 ) Termination Leave Wages (001-250-9110-1150) (91,275.00) 82 ) Transfer to Capital Projects (001-250-9310-9508) 422,510.00 83 ) Personnel Lapse (001-300-9410-1090) 1,422,758.00 84 ) Training and Development (001-340-1261-2044) 5,400.00 85) Program Activities (001-340-1261-2066) 5,000.00 86 ) Fees for Professional Services (001-530-4210-2010) 223,000.00 87 ) Fees for Professional Services (001-610-8110-2010) 16,278.00 88 ) Commonwealth Attorney (001-110-1234-0610) (59,070.00) 89 ) Sheriff (001-110-1234-0611 ) (104,260.00) 90 ) Commissioner of the Revenue (001-110-1234-0612) (9,566.00) 91 ) City Treasurer (001-110-1234-0613) 1,331.00 92 ) Social Services - Administration (001-110-1234-0676) (5,658.00) 93 ) Social Services - Employment (001-110-1234-0681 ) (32,582.00) 'Im'" 198 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor ~:~ J. fL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35939-061702. IN ORDINANCE to amend and reordain certain sections of the 2001- 2002 General, Risk Management and Materials Control Funds Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001 - 2002 General, Risk Management and Materials Control Funds Appropriations, be, and the same are hereby, amended and reordained to read as follow, in part: General Fund Appropriations General Fund (1-186) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200,459,827.00 . . . ,...-... Risk Management Appropriations Operating Administration (187-188) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-Administration (189-190) . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenues Operating Billings to Other Funds (191-193) . . . . . . . . . . . . . . . . . . . . . . . . Materials Control Fund Appropriations Operating (194-196) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenues Operating Billings to Other Funds (197-199) . . . . . . . . . . . . . . . . . . . . . . . . . 1) Materials Control 2) Risk Management - Overhead 3) Materials Control 4) Risk Management - Overhead 5) Materials Control 6) Materials Control 7) Risk Management - Overhead 8) Materials Control 9) Risk Management - Overhead 10) Materials Control 11) Materials Control 12) Risk Management - Overhead .......-.""""IIIr"". (001-110-1234-7010) (001-110-1234-7017) (001-120-2111-7010) (001-120-2111-7017) (001-121-2130-7010) (001-124-2120-7010) (001-125-2110-7017) (001-130-1233-7010) (001-130-1233-7017) (001-140-2140-7010) (001-140-3310-7010) (001-140-2140-7017) 199 11,499,159.00 843,330.00 10,655,829.00 10,824,159.00 10,209,159.00 1,207,052.00 1,207,052.00 1,207,052.00 55.00 57.00 288.00 89.00 50.00 ( 82.00) 184.00 56.00 61.00 609.00 ( 951.00) ( 7,817.00) 200 13) Fleet Management (001-140-2140-7025) ( 19,084.00) 14) Risk Management - Overhead (001-140-3310-7017) 11,551.00 15) Fleet Management (001-140-3310-7025) 1,536.00 16) Materials Control (001-150-2211-7010) 47.00 17) Risk Management - Overhead (001-150-2210-7017) 61.00 18) Risk Management - Overhead (001-200-1110-7017) 27.00 19) Materials Control (001-210-1220-7010) 55.00 20) Risk Management - Overhead (001-210-1220-7017) 31.00 21) Materials Control (001-220-1120-7010) 56.00 22) Risk Management - Overhead (001-220-1120-7017) 23.00 23) Materials Control (001-230-1235-7010) 36.00 24) Risk Management - Overhead (001-230-1235-7017) 53.00 25) Risk Management - Overhead (001-240-1240-7017) 27.00 26) Materials Control (001-250-1231-7010) (328.00) 27) Materials Control (001-250-1232-7010) 40.00 28) Risk Management - Overhead (001-250-1231-7017) 102.00 29) Risk Management - Overhead (001-250-1232-7017) 80.00 30) Fleet Management (001-250-1232-7025) (3,667.00) 31) Fleet Management- Rental (001-250-1232-7027) (682.00) 32) Risk Management - Overhead (001-300-1210-7017) 13,244.00 33) Materials Control (001-300-1211-7010) 108.00 34) Risk Management - Overhead (001-300-1211-7017) 31.00 35) Fleet Management (001-300-1211-7025) (265.00) 36) Fleet Management- Rental (001-300-1211-7027) (620.00) 37) Materials Control (001-310-8120-7010) 59.00 38) Risk Management- Claims (001-310-8120-7018) 186.00 .. . ......ooIL. 201 39) Risk Management- Overhead (001-310-8120-7017) 23.00 40) Fleet Management (001-310-8120-7025) (790.00) 41) Fleet Management- Rental (001-310-8120-7027) (1,765.00) 42) Materials Control (001-340-1261-7010) (201.00) 43) Risk Management- Claims (001-340-1261-7018) (279.00) 44) Materials Control (001-340-1263-7010) 37.00 45) Risk Management- Overhead (001-340-1261-7017) 400.00 46) Risk Management- Overhead (001-340-1263-7017) 11,008.00 47) Materials Control (001-410-1212-7010) 43.00 48) Materials Control (001-430-4130-7010) (132.00) 49) Risk Management- Overhead (001-430- 4130-7017) (12,438.00) 50) Materials Control (001-430- 4170-7010) 55.00 51) Fleet Management (001-430- 4170-7025) (3,201.00) 52) Fleet Management- Rental (001-430-4170-7027) 206.00 53) Materials Control (001-440-1237 -7010) 27.00 54) Materials Control (001-440-1617 -7010) (112.00) 55) Risk Management- Claims (001- 440-1617-7018) (298.00) 56) Materials Control (001-440-4220-7010) 755.00 57) Materials Control (001-440-4330-7010) 85.00 58) Risk Management- Overhead (001-440-1617 -7017) (46.00) 59) Fleet Management (001-440-1617 -7025) (1,189.00) 60) Fleet Management- Rental (001-440-1617 -7027) 618.00 61) Risk Management- Overhead (001-440-4220-7017) 130.00 62) Fleet Management (001-440-4220-7025) (1,091.00) 63) Fleet Management- Rental (001-440-4220-7027) 2,333.00 64) Risk Management- Overhead (001-440-4330-7017) 311.00 65) Fleet Management (001-440-4330-7025) (14,407.00) 202 66) Fleet Management- Rental (001-440-4330-7027) 9,975.00 67) Materials Control (001-520-3211-7010) 183.00 68) Materials Control (001- 520-3212-7010) 161.00 69) Materials Control (001-520-3213-7010) 1,700.00 70) Materials Control (001-520-3521-7010) 314.00 71) Risk Management- Overhead (001-520-3211-7017) 1,247.00 72) Fleet Management (001- 520-3211-7025) (551.00) 73) Fleet Management- Rental (001-520-3211-7027) 1,874.00 74) Risk Management- Overhead (001- 520-3212-7017) 46.00 75) Fleet Management (001-520-3212-7025) (8,950.00) 76) Fleet Management- Rental (001-520-3212-7027) 6,391.00 77) Risk Management- Overhead (001-520-3213-7017) 885.00 78) Fleet Management (001-520-3213-7025) 806.00 79) Fleet Management- Rental (001-520-3213-7027) 114,875.00 80) Risk Management- Overhead (001-520-3521-7017) 118.00 81) Fleet Management (001-520-3521-7025) (280.00) 82) Fleet Management- Rental (001-520-3521-7027) 1,729.00 83) Materials Control (001-530-1280-7010) 56.00 84) Materials Control (001-530-4110-7010) 3,661.00 85) Risk Management- Claims (001-530-4110-7018) (943.00) 86) Materials Control (001- 530-4140-7010) 150.00 87) Materials Control (001-530-4160-7010) 1,481.00 88) Materials Control (001-530-4210-7010) 4,906.00 89) Risk Management- Claims (001-530-4210-7018) (5,229 .00) 90) Materials Control (001-530-4310-7010) (56.00) 91) Fleet Management (001-530-1280-7025) (92.00) 92) Fleet Management- Rental (001-530-1280-7027) 985.00 93) Risk Management- Overhead (001-530-4110-7017) 116,249.00 94) Fleet Management (001-530-4110-7025) 26,992.00 I.,"c"."+'~ 203 95) Fleet Management- Rental (001-530-4110-7027) 95,889.00 96) Fleet Management (001-530-4140-7025) (500.00) 97) Risk Management- Overhead (001-530-4160-7017) 1,398.00 98) Fleet Management (001-530-4160-7025) (18,384.00) 99) Fleet Management- Rental (001-530-4160-7027) 14,826.00 100) Risk Management- Overhead (001-530-4210-7017) 365.00 101) Fleet Management (001-530-4210-7025) ( 85,067.00) 102) Fleet Management- Rental (001-530-4210-7027) 79,624.00 103) Risk Management- Overhead (001-530-4310-7017) 92.00 104) Fleet Management (001-530-4310-7025) 35.00 105) Fleet Management- Rental (001-530-4310-7027) (3,465.00) 106) Materials Control (001-610-3410-7010) (130.00) 107) Materials Control (001-610-8110-7010) (46.00) 108) Risk Management- Claims (001-610-8110-7018) (158.00) 109) Risk Management- Overhead (001-610-3410-7017) 69.00 110) Fleet Management (001-610-3410-7025) (4,986.00) 111) Fleet Management- Rental (001-610-3410-7027) (1,140.00) 112) Risk Management- Overhead (001-610-8110-7017) 69.00 113) Fleet Management (001-610-8110-7025) 548.00 114) Fleet Management- Rental (001-610-8110-7027) (11,065.00) 115) Materials Control (001-615-8111-7010) 30.00 116) Materials Control (001-615-8112-7010) 23.00 117) Materials Control (001-615-8113-7010) 259.00 118) Risk Management- Claims (001-615-8113-7018) (1,100.00) 119) Fleet Management (001-615-8113-7025) 257.00 ~,.-..........--,.~ 204 120) Fleet Management- Rental (001-615-8113-7027) 6,127.00 121) Materials Control (001-620-4340-7010) (460.00) 122) Risk Management- Claims (001-620-4340-7018) 946.00 123) Materials Control (001-620-7110-7010) (307.00) 124) Risk Management- Overhead (001-620-4340-7017) 4,745.00 125) Fleet Management (001-620-4340-7025) (154,594.00) 126) Fleet Management- Rental (001-620-4340-7027) (35,150.00) 127) Risk Management- Overhead (001-620-7110-7017) 252.00 128) Fleet Management (001-620-7110-7025) (6,967.00) 129) Fleet Management- Rental (001-620-7110-7027) 3,119.00 130) Risk Management- Claims (001-630-5110-7018) (1,599.00) 131) Materials Control (001-630-5311-7010) (231.00) 132) Materials Control (001-630-5314-7010) 33.00 133) Materials Control (001-630-5316-7010) (111.00) 134) Materials Control (001-630-5318-7010) 23.00 135) Materials Control (001-630-8170-7010) 21.00 136) Risk Management- Overhead (001-630-5110-7017) (418.00) 137) Risk Management- Overhead (001-630-5311-7017) 638.00 138) Risk Management- Overhead (001-630-5313-7017) 329.00 139) Risk Management- Overhead (001-630-5314-7017) 3,779.00 140) Fleet Management (001-630-5314-7025) (4,269.00) 141) Fleet Management- Rental (001-630-5314-7027) 8,914.00 142) Risk Management- Overhead (001-630-5316-7017) 76.00 143) Fleet Management (001-630-5318-7025) 363.00 144) Risk Management- Claims (001-631-3350-7018) 90.00 145) Materials Control (001-631-3360-7010) 56.00 . , ....... 205 146) Risk Management- Overhead (001-631-3350-7017) 34.00 147) Fleet Management (001-631-3350-7025) 1,526.00 148) Fleet Management- Rental (001-631-3350-7027) (59.00) 149) Risk Management- Overhead (001-631-3360-7017) (1,417.00) 150) Fleet Management (001-631-3360-7025) (2,388.00) 151) Fleet Management- Rental (001-631-3360-7027) 2,411.00 152) Materials Control (001-640-3111-7010) 114.00 153) Materials Control (001-640-3112-7010) 342.00 154) Materials Control (001-640-3113-7010) 4,497.00 155) Risk Management- Claims (001-640-3113-7018) 8,842.00 156) Materials Control (001-640-3114-7010) (674.00) 157) Materials Control (001-640-3115-7010) 169.00 158) Materials Control (001-640-3530-7010) 136.00 159) Risk Management- Claims (001-640-3530-7018) (77.00) 160) Risk Management- Overhead (001-640-3111-7017) 61.00 161) Fleet Management (001-640-3111-7025) (2,194.00) 162) Fleet Management-Rental (001-640-3111-7027) 1,541.00 163) Risk Management- Overhead (001-640-3112-7017) 187.00 164) Fleet Management (001-640-3112-7025) (13,710.00) 165) Fleet Management- Rental (001-640-3112-7027) 5,278.00 166) Risk Management- Overhead (001-640-3113-7017) 1,575.00 167) Fleet Management (001-640-3113-7025) (84,690.00) 168) Fleet Management- Rental (001-640-3113-7027) 113,463.00 169) Risk Management- Overhead (001-640-3114-7017) 169.00 170) Fleet Management (001-640-3114-7025) 466.00 171) Fleet Management- Rental (001-640-3114-7027) (762.00) t-'."u ._ ........."... 206 172) Risk Management- Overhead (001-640-3115-7017) 23.00 173) Fleet Management (001-640-3115-7025) 570.00 174) Fleet Management- Rental (001-640-3115-7027) (1,057.00) 175) Risk Management- Overhead (001-640-3530-7017) 31.00 176) Fleet Management (001-640-3530-7025) (15,976.00) 177) Fleet Management- Rental (001-640-3530-7027) 2,969.00 178) Materials Control (001-650-7310-7010) 210.00 179) Risk Management- Overhead (001-650-7310-7017) 910.00 180) Fleet Management (001-650-7310-7025) (1,228.00) 181) Fleet Management- Rental (001-650-7310-7027) 750.00 182) Materials Control (001-660-1214-7010) 42.00 183) Risk Management- Claims (001-660-1214-7018) (381.00) 184) Fleet Management (001-660-1214-7025) (477.00) 185) Fleet Management- Rental (001-660-1214-7027) (2,235.00) 186) Contingency (001-300-9410-2199) (165,910.00) 187) Insurance (019-340-1262-3020) 35,000.00 188) Settlements and Judgments (019-340-1262-2179) 101,000.00 189) Workers' Comp Medical (019-340-1265-2181) 228,000.00 190) Miscellaneous Claims (019-340-1265-2173) 72,000.00 191) Billings to the General Fund (019-110-1234-0952) 148,704.00 192) Billings to the Water Fund (019-110-1234-0953) 59,296.00 193) Workers' Comp Medical (019-110-1234-1171) 228,000.00 194) Inventory Purchases Offset (014-440-1613-3014) 1,229,000.00 195) Motor FuellLube Purchases (014-440-1613-3013) 375,000.00 . .......... 207 196) Cost of Goods Sold (014-440-1613-3017) 197) Billing for Inventory Items (014-110-1234-1278) 198) Billing for Motor Fuel & Lubricants (014-110-1234-1279) 199) Billings to the General Fund (014-110-1234-0952) (490,000.00) 327,172.00 763,499.00 23,329 .00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED ATTEST: ~ f:!:r,~r .J ~ City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35940-061702. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Civic Center, Capital Projects and Department of Technology Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Civic Center, Capital Projects and Department of Technology Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ..,.-/"',.. - ~....",.,..'"'" 208 Appropriations Capital Outlay Civic Center AuditoriumlColiseum Repair (1) . . . . . . . . . . . . . . . . . . Civic Center ExpansionlRenovation (2) . . . . . . . . . . . . . . . . . . . . . . . Capital Proiects Fund Appropriations Flood Reduction Surveying Roanoke River Flood Reduction (3). . . . . . . . . . . . . . . . . Roanoke River Flood Reduction - Land Acquisition (4). . . . . . . . . . Local Cash Share Roanoke River (5). . . . . . . . . . . . . . . . . . . . . . . . . Roanoke River Utility Relocation (6) . . . . . . . . . . . . . . . . . . . . . . . . . Roanoke River Flood Reduction Projects (7). . . . . . . . . . . . . . . . . . Economic Development RCIT Infrastructure Design Eng (8) . . . . . . . . . . . . . . . . . . . . . . . . . RCIT Infrastructure Extension (9) . . . . . . . . . . . . . . . . . . . . . . . . . . Warehouse Row Buildings Project (10) . . . . . . . . . . . . . . . . . . . . . Community Development Tinker Creek Greenway (11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Smith Park Planting Roparian (12) . . . . . . . . . . . . . . . . . . . . . . . . . Public Safety Jail Elevator Renovation (13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Government Commonwealth Building - Replace Windows (14). . . . . . . . . . . . . . Civic Center Reroofing (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Williamson Road Garage Renovations (16) . . . . . . . . . . . . . . . . . . . Municipal South Renovations (17). . . . . . . . . . . . . . . . . . . . . . . . . . . PWSC New Roof Level 4 (18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PWSC Upgrade Phase I (19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parks, Recreation and Cultural Eureka Rec Center Roof Repair (20) . . . . . . . . . . . . . . . . . . . . . . . . . Main Library Rook and Asbestos Abatement (21). . . . . . . . . . . . . . . Main Library Improvements (22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Railside Linear Walk - Phase I (23-24). . . . . . . . . . . . . . . . . . . . . . . . $4,477,500.00 87,138.00 3,312,862.00 $14,332,065.00 411,133.00 959,207.00 504,004.00 111,203.00 6,659,856.00 24,901,540.00 210,749.00 3,199,087.00 643,500.00 6,016,143.00 149,942.00 92,560.00 8,244,454.00 131,668.00 12,836,584.00 108,649.00 149,335.00 187,954.00 260,177.00 84,176.00 403,824.00 26,893,248.00 97,787.00 169,607.00 37,556.00 76,746.00 . "............ Franklin Square Park (25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Roanoke River Greenway (26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mill Mt. Access Road (27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lick Run Greenway (28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remodel Park Shelters for ADA (29). . . . . . . . . . . . . . . . . . . . . . . . . Market Building Improvements (30) . . . . . . . . . . . . . . . . . . . . . . . . . Comfort Station Renovations (31). . . . . . . . . . . . . . . . . . . . . . . . . . . Comfort Station Replacement (32) . . . . . . . . . . . . . . . . . . . . . . . . . . Railside Linear Walk - Phase 5 (33-35). . . . . . . . . . . . . . . . . . . . . . . . Street and Bridges Williamson-Church Streetscape (36). . . . . . . . . . . . . . . . . . . . . . . . . First Street Pedestrian Bridge (37). . . . . . . . . . . . . . . . . . . . . . . . . . . Curb, Gutter, and Sidewalk Cap Tra (38) . . . . . . . .. ............ Curb, Gutter, and Sidewalk Phase 6 (39). . . . . . . . . . . . . . . . . . . . . . Williamson Road Improvements (40) . . . . . . . . . . . . . . . . . . . . . . . . . Peters Creek Roanoke Street Lighting (41). . . . . . . . . . . . . . . . . . . . Storm Drains Miscellaneous Storm Drain Projects (42) . . . . . . . . . . . . . . . . . . . . . Miscellaneous Storm Drain pt 2 (43) . . . . . . . . . . . . . . . . . . . . . . . . . Traffic Engineering Traffic Signals - Install new (44). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Traffic Signals Replacement (45). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HollinslLiberty Road Signal (46). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Traffic Signals General (47-49). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 11,996.00 63,204.00 65,796.00 137,610.00 103,879.00 43,121.00 54,031.00 315,026.00 951 ,607.00 25,321,040.00 467,245.00 137,257.00 96,071.00 1,013,892.00 396,548.00 32,763.00 2,652,131.00 287,892.00 193,534.00 5,277,617.00 316,859.00 284,579.00 89,747.00 807,605.00 Capital Improvement Reserve 23,203,963.00 Capital Improvement Reserve (50-51) . . . . . . . . . . . . . . . . . . . . . . . . . . 338,215.00 Department of Technology Fund Appropriations Capital Outlay 11,796,604.00 DOC Dist, prt and Retrieval System (52) . . . . . . . . . . . . . . . . . . . . . . . . 0 Wide Area Network Expansion (53) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 914,121.00 Networks Management (54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17,566.00 911 RecordslTimestamps (55). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65,577.00 Technology Media Center (56) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19,029.00 Enterprise Bar Code Technology (57) . . . . . . . . . . . . . . . . . . . . . . . . . . . 25,133.00 Replace Ntwk Conn - Libraries (58). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,695.00 .-- ,....-."., 210 1 )Appropriated from General Revenue (005-550-8607 -9003) (27,862.00) 2)Appropriated from General Revenue (005-550-8615-9003) 27,8623.00 3)Appropriated from Bond Funds - Series 2002 (008-056-9618-9076) (2,300.00) 4)Appropriated from Bond Funds - Series 2002 (008-056-9619-9076) (81,300.00) 5)Appropriated from Bond Funds - Series 2002 (008-056-9652-9076) (124,591.00) 6)Appropriated from Bond Funds - Series 2002 (008-530-9765-9076) (128,797.00) 7)Appropriated from Bond Funds - Series 2002 (008-056-9620-9076) 336,988.00 8)Appropriated from General Revenue (008-052-9679-9003) (3,462.00) 9)Appropriated from General Revenue (008-052-9632-9003) 3,46210.00 10)Appropriated from General Revenue (008-620-9755-9003) (6,500.00) 11 )Appropriated from State Funds (008-530-9682-9007) (58.00) 12)Appropriated from State Funds (008-530-9684-9007) 58.00 13)Appropriated from General Revenue (008-530-9677 -9003) (7,672.00) 14)Appropriated from General Revenue (008-052-9552-9003) (54.00) 15)Appropriated from Bond Funds - Series 1999 (008-052-9565-9001 ) (9,169.00) 16)Appropriated from General Revenue (008-052-9576-9003) (305.00) 17)Appropriated from General Revenue (008-052-9589-9003) (411.00) 18)Appropriated from General Revenue (008-530-9768-9003) (3,824.00) 19)Appropriated from General Revenue (008-530-9776-9003) 3,824.00 ." ........... 211 20)Appropriated from General Revenue (008-620-9760-9003) (213.00) 21 )Appropriated from General Revenue (008-052-9624-9003) (6,556.00) 22)Appropriated from General Revenue (008-052-9640-9003) 6,556.00 23)Appropriated from General Revenue (008-052-9702-9003) (1,422.00) 24)Appropriated from Bond Funds - Series 1996 (008-052-9702-9088) (2,545.00) 25)Appropriated from General Revenue (008-052-9705-9003) (16,951.00) 26)Appropriated from General Revenue (008-052-9729-9003) (6,796.00) 27)Appropriated from General Revenue (008-620-9753-9003) (5,704.00) 28)Appropriated from General Revenue (008-530-9754-9003) 12,500.00 29)Appropriated from Bond Funds - Series 1999 (008-530-9764-9001 ) (9,121.00) 30)Appropriated from Bond Funds - Series 1999 (008-530-9767 -9001) 9,121.00 31 )Appropriated from Bond Funds - Series 1999 (008-620-9743-9001 ) (8,276.00) 32)Appropriated from Bond Funds - Series 1999 (008-620-9742-9001) 8,276.00 33)Appropriated from General Revenue (008-530-9759-9003) 24,873.00 34)Appropriated from Bond Funds - Series 1996 (008-530-9759-9088) 2,545.00 35)Appropriated from Bond Funds - Series 1999 (008-530-9759-9001 ) 8,220.00 36)Appropriated from Bond Funds - Series 1999 (008-052-9567 -9001) (2,172.00) 37)Appropriated from Bond Funds - Series 1999 (008-052-9574-9001 ) 2,172.00 - 212 General Revenue (008-052-9588-9003) (3,929.00) 39)Appropriated from General Revenue (008-530-9510-9003) 3,929.00 40)Appropriated from Bond Funds - Series 1999 (008-052-9716-9001 ) (8,220.00) 41 )Appropriated from General Revenue (008-530-9771-9003) (7,237.00) 42)Appropriated from General Revenue (008-052-9688-9003) (8,722.00) 43)Appropriated from General Revenue (008-530-9734-9003) 8,722.00 44)Appropriated from General Revenue (008-052-9561-9003) (141.00) 45)Appropriated from Bond Funds - Series 1996 (008-052-9562-9088) (15,421.00) 46)Appropriated from Bond Funds - Series 1999 (008-530-9578-9001 ) (20,253.00) 47)Appropriated from Bond Funds - Series 1996 (008-052-9560-9088) 15,421.00 48)Appropriated from General Revenue (008-052-9560-9003) 7,378.00 49)Appropriated from Bond Funds - Series 1999 (008-052-9560-9001 ) 20,253.00 50)Capitallmprovement Reserve - Buildings (008-052-9575-9173) 17,611.00 51 )Capital Improvement Reserve - Parks (008-052-9575-9180) 213.00 52)Appropriated from General Revenue (013-052-9826-9003) (65,000.00) 53)Appropriated from General Revenue (013-052-9811-9003) 65,000.00 54)Appropriated from General Revenue (013-052-9843-9003) (434.00) 55)Appropriated from General Revenue (013-430-9846-9003) (423.00) 56)Appropriated from General Revenue (013-430-9848-9003) (971.00) 57)Appropriated from General Revenue (013-430-9864-9003) (9,867.00) 58)Appropriated from . ,>.............. . 213 58)Appropriated from General Revenue (013-430-9861-9003) 11,695.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor ~T~ l (L Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No.35941-061702. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Bulletproof Vests FY 02 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,142,176.00 5,183.00 Revenues Public Safety-Special Purpose Grant Bulletproof Vests FY 02 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,142,176.00 5,183.00 "'''~._~~'''H''_' 214 1) Wearing Apparel (035-640-3315-2064) 2) Bulletproof Vest Grant - FY 02 (035-640-3315-3315) 5,183.00 5,183.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K Smith Mayor AT~! fL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35942-061702. A RESOLUTION accepting the grant made to the City by the Department of Justice for the reimbursement of the cost of bulletproof vests, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the grant made to the City by the Department of Justice for the cost of bulletproof vests, in the amount of $5,182.75, such grant being more particularly described in the City Manager's letter dated June 17, 2002, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved as to form by the City Attorney. . ,"'..,......oiL , 215 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Justice in connection with the City's acceptance of this grant. APPROVED Ralph K. Smith Mayor ~T~ !~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35943-060302. AN ORDINANCE directing amendment of the Fee Compendium; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to include an annual permit fee as follows: $3.25 per square foot of space permitted by the City Manager for calendar year 2002, and $8.00 per square foot of space permitted by the City Manager for calendar year 2004 and each calendar year thereafter, as set forth in the letter dated June 17,2002, from the City Manager to this Council. ,..--........-.... 216 2. Pursuant to fi12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: /J ~~.J. r~v- - Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June 2002. No. 35944-061702. AN ORDINANCE to readopt and reenact the Code ofthe City of Roanoke (1979), as amended; and providing for an emergency. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, said Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly; . ."............. . 217 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code ofthe City of Roanoke (1979), as amended. 2. With respect to sections or provIsions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. APPROVED - ATTEST: /1. /lA ~ J a.,....J.. ~ ~ f r \... d' -- - Mary F. Parker City Clerk Ralph K. Smith Mayor ~ .-..................;. ,j .......- ,...'''....."..'-'.".....'''....--.0'' ""'~~~~.."..,. , 218 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35945-061702. AN ORDINANCE adding a new fi 4-5. Regulation of vehicular and pedestrian traffic - Powers and duties of city manager; amending and reordaining fi4-6. Regulation of vehicular and pedestrian traffic - Violations - Generally; amending and reordaining fi 4-7. Same--Parking violations, of Article I, In General, of Chapter 4, Airport, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (b) and (c); and providing for an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new section fi 4-5. Regulation of vehicular and pedestrian traffic - Powers and duties of city manager, of Article I, In General, of Chapter 4, Airport, to read and provide as follows: fi 4-5.Requlation of vehicular and pedestrian traffic - Powers and duties of city manager. (a) The City Manager shall have general supervision of the management, regulation and control of vehicular traffic and pedestrian traffic and of the parking and routing of vehicles at the airport, in the interest of public safety, comfort and convenience. (b) The City Manager is authorized and directed to erect and maintain, in places or positions where they may be readily and easily seen by a reasonably observant person, appropriate signs, markers, signals and such other devices as may be deemed necessary by the city manager to manage, direct, regulate and control vehicular and pedestrian traffic and parking at the airport. Such system of marking and signing shall correlate with and, so far as possible, conform to the system adopted by the state highway commission. (c) By the installation of signs, markers, signals or other devices pursuant to this section, the city manager is authorized and directed to: .......--- 219 (1) Prohibit other than one-way vehicular traffic on the roads, streets and driveways at the airport when, in the interest of safety, comfort and convenience of the persons using, frequenting or visiting the airport, it is reasonably necessary so to do. (2) Limit or prohibit the parking, stopping or standing of vehicles in designated areas at the airport. (3) Designate taxicab stands, loading zones and rental car zones for the use of taxicabs, commercial vehicles having business at the airport and rental car agencies; designate parking areas for use of persons employed at the airport and for persons visiting the airport; and prohibit the parking of other vehicles in such areas. (4) Designate speed limits above which no vehicle shall be driven on the various areas ofthe airport, provided that no such speed limit shall exceed a rate higher than twenty-five (25) miles per hour. (5) Limit or prohibit the use of private or other vehicles on the runways, taxiway ramps or apron system of the airport. 2. Section 4-6. Regulation of vehicular traffic - Violations - Generally, of Article I, In General, of Chapter 4, Airport. Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: fi 4-6.Regulation of vehicular traffic - Violations - Generally. It shall be unlawful for any person to operate a vehicle in a direction other than that indicated and prescribed by directional signs, markers or other devices then and there erected or installed pursuant to section 4-5(c)(1); operate a vehicle in excess of any speed limit that is indicated and prescribed by signs, markers or other devices then and there erected or installed pursuant to section 4- 5(c)(4); or to operate a vehicle in any area in which the use of private or other vehicles has been prohibited by signs, markers or other devices then and there erected or installed pursuant to section 4-5(c)(5). Any person violating any 01 the provisions of this subsection shall be guilty of a Class 4 misdemeanor. 3. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the amendment of subsection (a) and the addition of new subsections (b) and (c) of to 4-7. Same - Parking violations, of Article I, In General, of Chapter 4, Airport, to read and provide as follows: fi 4-7. Same-Parking violations. ~._-.............""' , 220 (a) It shall be unlawful and constitute a parking violation for any person to park or stop a vehicle or allow the same to remain standing or stopped in any area where, at the time, parking, stopping or standing is prohibited and signs or markers to that effect have been erected or installed pursuant to section 4-5(c)(2) or4-5(c)(3). (b) It shall be unlawful and constitute a parking violation for any person to park or leave standing any vehicle not displaying a license plate, decal or special permit issued under section 46.2-731,46.2-739 or 46.2-12451, Code of Virginia (1950), as amended, in a parking space reserved for handicapped persons on airport property. (c) Any vehicle that is parked in violation of this section shall have a notice of such violation attached to the vehicle or delivered to the owner or operator stating that such vehicle is parked in violation of a provision of this section. Every person receiving such notice may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of the treasurer's office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefor has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall not be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: 1) A penalty of twenty dollars ($20.00) may be paid for a violation of section 4-7(a), if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be thirty-five dollars ($35.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of thirty-five dollars ($35.00) within five (5) days of receipt of such notice. 2) A penalty of one hundred twenty-five dollars ($125.00) may be paid for a violation of section 4-7(b) if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be one hundred forty dollars ($140.00). If not paid within ten (10) days, a notice pursuantto section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of one hundred forty dollars ($140.00) within five (5) days of receipt of such notice. . "..",........ . 221 4. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as ofthat date, shall be amended to reflect the new fines to be charged for the aforesaid violations. 5. In order to provide for the usual operation of the munioipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of July 1,2002. APPROVED Ralph K. Smith Mayor AT~ j p~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35946-061702. AN ORDINANCE amending and reordaining fi23.1-4(a) and (b), Requirement of bidding: power to reiect bids, and fi23.1-6(g) Exceptions to requirement of competitive procurement, of the Code of the City of Roanoke (1979), as amended, to increase the threshold amounts for competitive procurement from $30,000 to $50,000 consistent with amendments to the City of Roanoke Charter; and providing for an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 23.1-4(a) and (b), Reauirement of bidding: power to reiect bids, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: ~23.1-4.Requirement of bidding; power to reject bids. ....... ......."'..~ 222 a) Any contract with a nongovernmental contractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is expected to exceed fifty thousand dollars ($50,000.00) shall be awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the city is leasing or selling public property or awarding concession rights, after public advertisement and competition. With respect to bids for any purchase, public work or improvement costing more than seventy-five thousand dollars ($75,000.00) the city council shall have the power to reject any and all bids. With respect to bids for any purchase, public work or improvement costing seventy-five thousand dollars ($75,000.00) or less, the city manager shall have the power to reject any and ,II bids. (b) Any contract with a nongovernmental contractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is not expected to exceed fifty thousand dollars ($50,000.00) may be bid and awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the city is leasing or selling public property or awarding concession rights, after public advertisement and competition. Small purchase procedures shall provide for competition wherever practicable. *** 2. Section 23.1-6(g) Exceptions to requirement of competitive procurement. of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: fi23.1-6. Exceptions to requirement of competitive procurement. *** (g) Where any contract for the purchase or lease of goods, services or construction is not expected to exceed fifty thousand dollars ($50,000.00) and where any contract for the purchase of professional services is not expected to exceed thirty thousand dollars ($30,000); or *** . .,............. . 223 3. In order to provide for the usual operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of July 1, 2002. APPROVED Ralph K. Smit'" Mayor ATTEST: ~ ~~ ;'r~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35947-061702. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Title I Even Start Family Literacy Grant 02-03 Title I 02-03 Governor's School 02-03 Summer Youth 02-03 Flow Through 02-03 Child Specialty Services 02-03 Child Development Clinic 02-03 Juvenile Detention Home 02-03 $ 113,155,555.00 150,000.00 3,393,239.00 1,173,825.00 39,000.00 1,913,671.00 69,755.00 73,460.00 222,391.00 nr ,,,..,,-",,.,, 224 Preschool Incentive Program 02-03 Special Education Jail Program 02-03 Adult Basic Education 02-03 Apprenticeship Program 02-03 Jobs For Virginia Graduates 02-03 Perkins Act Program 02-03 Regional Adult Education Specialist 02-03 Regional Adult Literacy (TAP) 02-03 GED Testing 02-03 Workplace Education 02-03 Regional Adult Basic Education 02-03 Adult Education in the Jail 02-03 Grants Management 02-03 Homeless Assistance Program 02-03 Alternative Education 02-03 Title V-A 02-03 Eisenhower 02-03 Class Size Reduction 02-03 Adolescent Health Partnership 02-03 Blue Ridge Technical Academy 02-03 135,979.00 170,173.00 163,604.00 131,211.00 49,960.00 397,251.00 35,000.00 150,098.00 18,612.00 26,913.00 35,222.00 21,341.00 75,000.00 35,000.00 1,472,708.00 212,232.00 122,107.00 760,522.00 159,071.00 525,000.00 Revenues Education Title I Even Start Family Literacy Grant 02-03 Title I 02-03 Governor's School 02-03 Summer Youth 02-03 Flow Through 02-03 Child Specialty Services 02-03 Child Development Clinic 02-03 Juvenile Detention Home 02-03 Preschool Incentive Program 02-03 Special Education Jail Program 02-03 Adult Basic Education 02-03 Apprenticeship Program 02-03 Jobs For Virginia Graduates 02-03 Perkins Act Program 02-03 Regional Adult Education Specialist 02-03 Regional Adult Literacy (TAP) 02-03 GED Testing 02-03 113,155,555.00 150,000.00 3,393,239.00 1,173,825.00 39,000.00 1,913,671.00 69,755.00 73,460.00 222,391.00 135,979.00 170,173.00 163,604.00 131,211.00 49,960.00 397,251.00 35,000.00 150,098.00 18,612.00 1,..,..,..,-...,.......... ., 225 Workplace Education 02-03 Regional Adult Basic Education 02-03 Adult Education in the Jail 02-03 Grants Management 02-03 Homeless Assistance Program 02-03 Alternative Education 02-03 Title V-A 02-03 Eisenhower 02-03 Class Size Reduction 02-03 Adolescent Health Partnership 02-03 Blue Ridge Technical Academy 02-03 26,913.00 35,222.00 21,341.00 75,000.00 35,000.00 1,472,708.00 212,2:;2.00 122,107.00 760,522.00 159,071.00 525,000.00 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor ATTEST: ~ /\ ~ J 1/tM.Jv~'"-' Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35948-061702. AN ORDINANCE to amend and reordain certain sections of the 2001- 2002 School Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ..""--_.... 226 Appropriations Education Ruffner Limited Use Elevator (1). . . . . . . . . . . . .. ... .......... Lincoln Terrace Renovation (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenues 25,238,375.00 92,700.00 95,780.00 Intergovernmental VPSA Bonds - Ruffner Elevator (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . VPSA Bonds - Lincoln Terrace Renovation (4) ................ 15,030,699.00 92,700.00 95,780.00 1) Appropriated From Literary LoanNPSA Bonds 2) Appropriated From Literary LoanNPSA Bonds (031-065-6063-6896-1DUJ700.00 (031-065-6064-6896-9006) 95,780.00 (031-065-6063-1280) 92,700.00 (031-065-6064-1281) 95,780.00 3) VPSA Bond Funds 4) VPSA Bond Funds BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. APPROVED Ralph K. Smith Mayor A~EST: J /? I Y\'^o . r~J.~ - Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35949-060302. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk as of July 31, 2002, for the fiscal year beginning July 1, 2002; and providing for an emergency and an effective date. ..............lL.. . 227 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. As of July 31,2002, for the fiscal year beginning July 1,2002, and ending June 30, 2003, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: City Manager City Attorney Director of Finance Director of Real Estate Valuation Municipal Auditor City Clerk Current salary plus 3.0% Current salary plus 3.0% Current salary plus 3.0% Current salary plus 3.0% Current salary plus 3.0% Current salary plus 3.0% 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the paycheck of July 31, 2002. 3. On and after January 1, 2003, the Director of Finance shall pay the sum of $2,000.00 per quarter year to ICMA as deferred compensation on behalf of each of the six incumbent Council-appointed officers. 4. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the six Council-appointed officers exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 5. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. 6. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect July 1, 2002. Mary F. Parker City Clerk Ralph K. Smith Mayor APPROVED ~:~ J {J~ ~,,---~,"~I'.~." 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35950-061702. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Robert Evan, LLC, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by "30-14, Code ofthe City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on June 17, 2002, after due and timely notice thereof as required by "30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual orto the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: """",,..-.. , 229 That certain portion of an alley extending in a westerly direction from 31st Street, N.W., between Baker Avenue, N.W., and Breckinridge Avenue, N.W., for a distance of approximately 209.5 feet, through the middle of property bearing Official Tax No. 2510104 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk"s Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. "IIr 230 BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six (6) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35951-061702. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (~.979), as amended, and Sheet No. 404, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, the Carilion Medical Center and City of Roanoke Redevelopment and Housing Authority, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain conditions pi'offered by the applicant; and 231 WHEREAS, the City Planning Commission, which after giving proper noti<~e to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 17, 2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 404 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Six parcels of land lying in the City of Roanoke, on the south side of Jefferson Street, S.E. and lying between the Norfolk Southern right-of- way and the Roanoke River bearing Official Tax Map Nos. 4040501, 4040502, 4040503, 4040506, 4040507 and 4040508, be, and are hereby rezoned from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on May 31,2002, and that Sheet No. 404 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 232 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35952-061702. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 413, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Sally G. and Matthew T. O'Bryan have made applicat,on to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 17, 2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 413 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 233 A portion of the property at 902 Penmar Avenue, S.E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410, and designated on Sheet No. 413 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RM-1, Residential Multi-Family District, Low Density District, to C-2, General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on May 30, 2002, and that Sheet No. 413 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35953-061702. AN ORDINANCE amending and reordaining '36.1-650, Continued; composition; appointment and terms of members, etc., and subsection (a) of 36.1- 653, Exercise of powers general; administration of oath and compelling attendance of witnesses, of Division 3, Board of Zoning Ar)Deals, of Article VII, Administration, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to increase the number of members of the Board of Zoning Appeals for the City of Roanoke, and to increase the number of concurring votes necessary to take action; and dispensing with the second reading of this ordinance by title. 234 follows: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as 1. Section 36.1-650, Continued; composition; appointment and terms of members, etc., of Division 3, Board of Zoning Appeals, of Article VII, Administration, of Chapter 36.1, Zoning_, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §36.1-650. Continued; composition; appointment and terms of members, etc. The board of zoning appeals, heretofore established by the council pursuant to the provisions of section 62 of the Charter, is continued, and the seven (7) members thereof shall hold office until the expiration of the term for which they were appointed. Thereafter terms of office shall be for three (3) years each and members shall be appointed by the council. The city clerk shall notify the city council, at least thirty (30) days in advance, of the expiration of any term of office, and shall also notify the city council promptly if any vacancy occurs. Appointments to fill vacancies shall be for the unexpired term of the member whose term becomes vacant. Members of the board shall hold no elected public office. 2. Section 36.1-653, Exercise of powers generally; administration of oath and compelling attendance of witnesses, of Division 3, Board of Zoning Appeals, of Article VII, Administration, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §36.1-653. Exercise of powers generally; administration of oath and compelling attendance of witnesses. (a) In exercising the powers mentioned in this article, the board of zoning appeals may in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such 235 administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass pursuant to this chapter or to effect any variation of this chapter. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35954-061702. AN ORDINANCE authorizing the City Manager to enter into an agreement with Orvis Roanoke, Inc., for the lease of retail space of property located at 11 Campbell Avenue, S.E., for use by Orvis Roanoke, Inc., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with Orvis Roanoke, Inc., for the lease of 3,000 square feet of retail space within the Market Square Parking Garage, located at 11 Campbell Avenue, S.E., for use by Orvis Roanoke, Inc., such lease to be for a five (5) year term, beginning September 1, 2002, and ending August 31, 2007, at an initial rate of $900.00 per month, subject to an annual increase based on the Consumer Price Index; in addition 236 to the base fee for rent, Orvis Roanoke, Inc., will pay an amount based on the gross revenue of sales, such lease shall further be upon the terms and conditions as more particularly described in the City Manager's letter and attachments to this Council dated June 17, 2002. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35955-061702. AN ORDINANCE authorizing the City Manager to grant an easement to Appalachian Power Company, d/b/a American Electric Power (AAEP@) for the relocation of existing overhead electrical transmission and distribution lines; vacating of the easement within such existing lines on City property; upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, AEP has an existing easement for electrical transmission and distribution lines located on City property which needs to be relocated in connection with the Roanoke River Flood Reduction Project, and for purposes of establishing a greenway trail in the area; and THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia as follows: 237 1. The City Manager is hereby authorized to execute, and the City Clerk is authorized to attest, the necessary documents granting an easement to Appalachian Power Company d/b/a American Electric Power, on City property located between Wasena Park and 13th Street for the relocation of electrical transmission and distribution lines and associated above ground equipment and the establishment of a greenway trail, and vacating the existing easements, in connection with the Roanoke River Flood Reduction Project, as more particularly described in the City Manager's letter to Council dated June 17, 2002. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 238 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of July, 2002. No. 35956-070102. A RESOLUTION recognizing the HONORABLE C. NELSON HARRIS to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable C. Nelson Harris received the largest number of votes of any candidate running for City Council in the regular Councilmanic election held on the first Tuesday in May, 2002, and was, therefore, elected Vice-Mayor of the City for a two-year term, which will commence July 1, 2002, as provided by §4 of the Charter of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable C. Nelson Harris be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1st day of July, 2002, and continuing for a period of four years, and until his successor shall have been elected and qualified, and to be the duly elected Vice-Mayor of the City for a term commencing July 1, 2002, and continuing for a period of two years and until his succesSor shall have been elected and qualified. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35957-070102. A RESOLUTION recognizing the services WILLIAM H. CARDER as Vice-Mayor of the City of Roanoke. of the HONORABLE 239 WHEREAS, the Honorable William H. Carder was elected Vice-Mayor of the City of Roanoke by virtue of receiving the largest number of votes in the Councilmanic election held on the first Tuesday of May, 2000, and served in this office from July 1, 2000, to June 30, 2002; and WHEREAS, Mr. Carder has served diligently and with distinction as Vice-Mayor, performing many and varied responsibilities required of him as Vice-Mayor in a selfless manner while also honorably discharging his other duties on the City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roar~oke as follows: 1. The Mayor and Members of this body do hereby recognize and commend the Honorable William H. Carder for his outstanding service as Vice-Mayor of this City and assure him of their continued support as he continues to serve as a Member of Council. 2. An attested copy of this Resolution, approved by the Mayor, shall be presented to Mr. Carder. APPROVED M/ary; ~Park~er City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35958-070102. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2002, and terminating June 30, 2003. BE IT RESOLVED by the Council of the City of Roanoke as follows: 240 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1,2002, and terminating June 30, 2003. 2. For such fiscal year, except for the month of October, when regular meetings shall be held on October 1 and on October 15, City Council shall hold regular meetings on the first, third and fifth Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month and on October 1 shall commence at 12:15 p.m. for the conduct of informal meetings, work sessions or closed meetings. Thereafter Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 12:15 p.m. session and the 2:00 p.m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month and on October 15 shall commence at 2:00 p.m for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. (c) Unless otherwise provided by resolution of Council, the meetings of Council held on each fifth Monday of a month shall commence at 12:15 p.m., for the purpose of receiving briefings by the City Manager, reports of Council members serving in liaison capacities on various committees and for planning purposes. 3. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 4. All meetings of City Council shall be automatically adjourned at 11:00 p.m., unless a motion setting a new time for adjournment be made, seconded and unanimously carried. 5. All regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building in this City, unless otherwise provided by resolution of Council. 241 6. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place. 7. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. APPROVED Mary F. Parke~ City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35959-070102. AN ORDINANCE granting a conditional permit to allow for the encroachment of a basketball goal approximately three feet into the public right-of-way in front of the property located at 3745 Forest Road, S. W., and bearing Official Tax No. 1390514; designating a play area pursuant to the provisions of §46.2-932.A, Code of Virginia (1950), as amended, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owners, John S. and Catherine D. Edwards ("Permittee") and their grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1390514, otherwise known as 3745 Forest Road, S. W., within the City of Roanoke, to permit an encroachment of a basketball goal approximately three feet into the public right-of-way of Forest Road, S. W., as more fully described in a report of the City Manager dated July 1, 2002. 242 2. Such license, granted pursuant to §15.2-2011, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid §15.2-2011. 3. It shall be agreed by the Permittee that, in maintaining such encroachment, the Permittee and their grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Permittee, their grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $300,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds. Such certificate shall state that insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the City's Risk Manager. 5. Pursuant to the provisions of §46.2-932.A, Code of Virginia, the following described portion of Forest Road is hereby designated as a play area, provided that such use is limited to daylight hours and a minimum of four temporary traffic cones shall be in place delineating the play area from adjacent right-of-way while in use as a play area: Beginning on a point at the location of the basketball goal, extending with a radius of thirty feet within the right-of-way of Forest Road, S. W., and terminating at the property line of Official Tax No. 1390514. John S. 24015. 6. The City Clerk shall transmit an attested copy of this ordinance to and Catherine D. Edwards, 3745 Forest Road, S. W., Roanoke, Virginia 7. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by John S. and Catherine D. Edwards has been admitted to record, at the cost of the Permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the office of the City Clerk. 243 8. Pursuant to §12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ACCEPTED and EXECUTED by the undersigned this day of ,2002. John S. Edwards Catherine D. Edwards COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ~ To-Wit: The foregoing jurisdiction aforesaid this ~ and Catherine D. Edwards. instrument was day of acknowledged before me in my ,2002, by John S. Edwards My Commission expires: Mary F. Parker City Clerk APPROVED NO ' Ralph K. Smith Mayor 244 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35960-070102. AN ORDINANCE granting a revocable license to permit an encroachment of a retaining wall approximately twenty-four (24) feet into the public right-of-way in front of the property located at 2908 Carolina Avenue, S. W., and bearing Official Tax No. 1070502, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owners, James V. Revercomb, Jr. and Denise C. Revercomb ("Licensee") and their grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1070502, otherwise known as 2908 Carolina Avenue, S. W., within the C,;y of Roanoke, to permit an encroachment of a retaining wall between twelve (12) inches and forty-eight (48) inches in height and approximately twenty-four (24) feet into the public right-of-way of Carolina Avenue, S. W., as more fully described in the City Manager's letter to Council dated July 1, 2002. 2. Said license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010. 3. It shall be agreed by the Licensee that, in constructing and maintaining such encroachment, the Licensee and their grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. ~. 4. Licensee, their grantors, assigns or successor in interest shall for the duration of this license, maintain on file with the City Clerk's Office evidence of insurance coverage in amounts not less than $300,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. Certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds. Certificate shall state that insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the City Manager of the City of Roanoke. 245 5. The City Clerk shall transmit an attested copy of this ordinance to James V. Revercomb, Jr. and Denise C. Revercomb, 2908 Carolina Avenue, S. W., Roanoke, Virginia 24014. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by James V. Revercomb, Jr. and Denise C. Revercomb, has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of the Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the office of the City Clerk. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of July, 2002. No. 35961-070102. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Recreation Lick Run Greenway (1) ........................... $ 27,753,541.00 1,000,110.00 246 Revenues Intergovernmental Lick Run Greenway (2) .......................... 3,525,556.00 875,000.00 1) Appropriated from State Grant Funds (008-530-9754-9007) $ 875,000.00 2) Lick Run Greenway- TEA21 (008-530-9754-9690) 875,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35962-070102. AN ORDINANCE providing for the acquisition of certain interests in property needed by the City for the final phase of the Lick Run Greenway Project; setting a certain limit on the acquisition costs of such property rights; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project; all upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 247 1. To provide for the final phase of the Lick Run Greenway Project, the City wants and needs certain fee simple interests, permanent and temporary construction easements, and/or rights of ingress, and licenses or permits, subject to a satisfactory environmental site inspection, as set forth in the report and attachments thereto in the City Manager's letter to this Council dated July 1, 2002. The proper City officials are authorized to take appropriate action to acquire the necessary property rights for the City from the respective owner or owners for such consideration as the City Manager deems appropriate, subject to certain limitations and subject to the applicable statutory guidelines. All requisite documents shall be approved by the City Attorney. 2. A public necessity and use exists for the acquisition of said property and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as she deems appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including but not limited to appraisal, title reports, preparation of necessary documents and recordation costs, shall not exceed $100,000.00 without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner or owners, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owner or owners of the real estate identified above, or should any owner or owners be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner or owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the property rights identified above. 5. In seeking or conducting any condemnation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered t~ the respective owner or owners. 248 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker Ralph K. Smiti~ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35963-070102. AN ORDINANCE amending and reordaining subsection (a) of§32-102.3, Purposes of tax, of Division 6, Downtown Service District, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to eliminate the requirement of charging the costs of collecting, accounting for and administering the tax against the revenues derived from such tax; and dispensing with the second reading of this ordinance, effective retroactively to July 1, 2001. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of Section 32-102.3, Purposes oftax, of Division 6, Downtown Service District, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, effective retroactively to July 1,2001, to read and provide as follows: §32-102.3. Purposes of tax. (a) Taxes collected pursuant to this division shall be levied for and used to provide additional governmental services not being offered uniformly throughout the entire city, including, but not limited to, economic and business development and promotional activities intended to foster 249 business retention, business recruitment and developer recruitment; planning for the development or revitalization of downtown and for the transportation and public facility and public space needs of downtown; and those public purposes enumerated in section 15.2-2403, Code of Virginia (1950), as amended. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35964-070102. A RESOLUTION authorizing the execution of an amendment to the Downtown Service District Services Agreement between the City of Roanoke, Virginia, and Downtown Roanoke, Inc. (DRI), that will provide for the elimination of the City's annual direct costs fee, which is currently $2,000.00; and authorizing the City Manager to take such further action as is necessary to implement and administer the terms of such amendment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and to attest, respectively, an amendment to the Downtown Service District Services Agreement between the City and Downtown Roanoke, Inc., dated July 1,2001, which will provide for the elimination of the City's annual direct costs fee, which is currently $2,000.00. 250 2. The amendment shall be substantially similar to the one attached to the City Manager's letter to this Council dated July 1,2002, and shall be approved as to form by the City Attorney. 3. The City Manager is also authorized to take such further action as may be necessary to implement and administer the terms of the amendment referred to above. Mary F. Parker City Clerk APPROVED ~~ Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35965-070102. A RESOLUTION accepting the bid of Xerox Corporation and authorizing the City Manager to execute an agreement with Xerox Corporation for the lease of multi-functional printer/copiers to be placed throughout the municipal building, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by the Xerox Corporation to lease multi-function printer/copiers to the City over a five year period at a total cost of $601,460.00, is hereby ACCEPTED. 2. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, a lease agreement with the Xerox Corporation for the lease of multi-functional printer/copiers to be placed throughout the municipal building over a five year period at a total cost of $601,460.00 and as further stated in the City Manager's letter to Council dated July 1, 2002. Such lease agreement to be upon form approved by the City Attorney. 251 3. Any and all other bids made to the City for the aforesaid item are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35966-070102. AN ORDINANCE accepting the proposal of Lancor Parking, L.L.C., to provide management and operation services for certain City of Roanoke owned and/or controlled parking garages and surface parking lots for a term of three (3) years with an option to renew for up to one additional year, upon certain terms and conditions; awarding a contract therefor, authorizing the proper City officials to execute the requisite contract; rejecting all other proposals made to the City; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The proposal of Lancor Parking, L.L.C. (Lancor), to provide management operation services for certain City owned and/or controlled parking garages and surface parking lots for a term of three (3) years with an option to renew for up to one additional year, with the management fee for such services to be $584,029.00 for the first year, $584,225.00 for the second year, $601,752.00 for the third year, and $52,792.00 per month for the option period, as more particularly set forth in the City Manager's letter to this Council dated July 1, 2002, such proposal complying with the City's specifications and as provided in the contract documents, which proposal is on file in the Purchasing Division, be and is hereby ACCEPTED; 252 - 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with Lancor, based upon its proposal made therefor, and the City's specifications made therefor, such contract to be in such form as is approved by the City Attorney, and substantially similar to the one attached to the City Manager's letter mentioned above. 3. Any and all other proposals made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such offeror and to express to each the City's appreciation for such proposal. 4. The City Manager is further authorized to take such further action and execute such further documents as may be necessary to implement and administer such contract. 5. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. ATTEST: -- //~ -- - - Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35967-070102. A RESOLUTION accepting the bid of Mitchell Distributing Co., for the purchase of one (1) new hydraulic excavator, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 253 1. The bid submitted by Mitchell Distributing Co., to furnish one (1) new Komatsu PC150LC-6 hydraulic excavator, at a total cost of $107,570.00, as set forth in the letter dated July 1,2002, from the City Manager to this Council, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders for the purchase of such equipment, and the City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid equipment, such documents to be in form approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of July, 2002. No. 35968-070102. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Water Fund Appropriations; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 254 Appropriations Capital Outlay Ultraviolet Treatment at Crystal Spring (1) ........... Temporary Filtration System for Crystal Spring (2) .... Retained Earnings Retained Earnings - Available for Appropriation (3) ..... 1) Appropriated from General Revenue (002-530-8407-9003) 2) Appropriated from General Revenue (002-530-8413-9003) 3) Retained Earnings- Available for Appropriation 8,234,193.00 350,000.00 2,878,494.00 $ (250,000.00) 350,000.00 (002-3348) (100,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2002. No. 35969-070102. AN ORDINANCE declaring the existence of an emergency in connection with obtaining certain design services, the lease and/or purchase of equipment, and construction work for a certain project to try to obtain additional sources of water to try to increase the City's water supply to help with the City's water supply 255 emergency that was declared on February 4, 2002, Ordinance No. 35741-020402; providing that due to the need to expedite such projects, the normal procurement method of advertising, conducting competitive negotiations, and/or competitive sealed bidding be dispensed with to the extent reasonably necessary; authorizing the City Manager to take such further action or to execute such documents as may be necessary to implement and administer such projects; and dispensing with the second reading by title of this ordinance. WHEREAS, §41 of the City Charter authorizes the City Manager to make emergency improvements without the necessity of advertising and receiving bids, and such section further requires the City Manager to report the facts and circumstances relating to such improvements to Council at its next regular meeting; and WHEREAS, on February 4, 2002, this Council declared that a water supply emergency existed and there was a need for water conservation measures to be taken within the City of Roanoke, Ordinance No. 35741-020402; and WHEREAS, the water supply emergency continues to exist and the City Manager has had City staff conduct studies to determine if any projects may be available to try to provide additional sources of water to try to increase the City's water supply to assist in dealing with the City's water supply emergency; and WHEREAS, City staff previously determined that there were three projects that could be technically feasible that would have a reasonable chance of being allowed by the appropriate regulatory agencies and that could be completed in a reasonable period time that might provide additional sources for water to the City [such projects consisting of: 1) completion of the Muse Spring well; 2) ultraviolet treatment at Crystal Spring; and 3) well(s) to supplement Crystal Spring], which projects were set forth in the City Manager's Letter to Council dated April 15, 2002, and approved by Council by Ordinance No. 35815-041502. In seeking to accomplish these projects, it was determined that the ultraviolet treatment at Crystal Spring was not available due to lack of approval by appropriate regulatory agencies. However, it appears that an alternative project using a temporary filtration system at Crystal Spring may be feasible and acceptable to the appropriate regulatory agencies, but it is imperative that such project be expedited which may not allow for the normal procurement methods to be utilized; and WHEREAS, Council believes that it is important to allow the City Manager to undertake such project mentioned in her verbal report to Council on July 1, 2002, on an expedited time schedule in order to try provide additional sources of water to the City. 256 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council hereby declares that an emergency exists within the meaning of §41 of the City Charter which allows the City Manager to make emergency improvements without the necessity of advertising or receiving bids or following the other normal procurement methods to the extent reasonably necessary. 2. Council hereby authorizes the City Manager to obtain certain design services, the lease and/or purchase of equipment, and construction work for a certain project, a temporary filtration system at Crystal Spring, as set forth in the City Manager's verbal report to Council on July 1, 2002, to try to obtain additional sources of water to try to increase the City's water supply to assist in dealing with the City's water supply emergency that was declared on February 4, 2002, Ordinance No. 35741-020402. 3. Council further declares that the City Manager may expedite the procurement of such design services, the lease and/or purchase of equipment, and construction work for the above mentioned project by dispensing with the normal procurement methods of advertising, conducting competitive negotiations, and/or competitive sealed bidding to the extent reasonably necessary; provided, however, that such procurement shall be made with such competition as is practicable under the circumstances. 4. The City Manager is further authorized to take such further action and to execute such documents as may be necessary to implement and administer the above mentioned project. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ,~ j ATTEST: ~ / .~[/~ ~' ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 257 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35970- 071502. A RESOLUTION memorializing the late Murray A. Stoller, a former City Council member and Mayor of the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Stoller on Thursday, July 4, 2002; WHEREAS, Mr. Stoller was born in New York City, New York, and was a graduate of the University of Virginia and the University of Virginia Law School; and WHEREAS, after graduation, Mr. Stoller started a law practice in Arlington, Virginia; WHEREAS, Mr. Stoller served in the U.S. Army during World War II, and after the war, Mr. Stoller moved to Roanoke and established a law practice with offices in the Colonial-American Bank building; WHEREAS, the Democratic Party backed Mr. Stoller as a candidate for the House of Delegates in 1947; WHEREAS, Mr. Stoller was appointed in 1947 as the only person in the city other than ordained ministers authorized to perform marriage ceremonies, and as a Marriage Commissioner, he married over 8,000 couples; WHEREAS, Mr. Stoller was elected to the Roanoke City Council in 1962, after which Council members appointed him Mayor; Washington homes; WHEREAS, during Mr. Stoller's term as mayor, he fought to close the Park dump after residents complained of its smell and proximity to WHEREAS, Mr. Stoller was a member of American Legion Post #3 and served as editor of the Legion Bulletin; was a member of the American Bar Association, State Bar Association, and National Bar Association; and was a charter member of LABAC in Roanoke and had been active serving on the boards of the City Rescue Mission and Girl Scouts; and 258 WHEREAS, Mr. Stoller was a long-time member of Calvary Baptist Church, where he served as church clerk, adult Sunday School teacher, and was Deacon Emeritus. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Murray A. Stoller, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Stoller's widow, Arlene W. Stoller, of Roanoke, Virginia. ATTEST: APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35971-071502. A RESOLUTION authorizing the City Manager to enter into the 2002-2003 Community Development Block Grant (CDBG) subgrant agreement with Total Action Against Poverty (TAP) and any necessary amendments thereto to provide emergency home repair services for elderly and disabled homeowners. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a 2002-2003 CDBG subgrant agreement with TAP to provide emergency home repair services for elderly and disabled homeowners, as more particularly set out in the City Manager's letter to this Council dated July 15, 2002. 259 The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35972-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Aggression Replacement Training and Education Program FY03 (1-12) .......................................... $ 3,369,753.00 35,143.00 Revenues Health and Welfare Aggression Replacement Training and Education Program FY03 (13) ............................................. 3,369,753.00 35,143.00 01) Regular Salaries 02) Temporary Employees O3) ICMA (035-630-5097-1002) (035-630-5097-1004) (035-630-5097-1115) $18,835.00 5,905.00 1,754.00 260 - 04) ICMA Match 05) FICA 06) Medical Insurance 07) Dental Insurance 08) Life Insurance (035-630-5097-1116) (035-630-5097-1120) (035-630-5097-1125) (035-630-5097-1126) (035-630-5097-1130) 09) 10) Telephone-Cellular 11) Administrative Supplies 12) Local Mileage 13) State Grant Receipts Disability Insurance (035-630-5097-1131) (035-630-5097 -2021 ) (035-630-5097 -2030) (035-630-5097 -2046) (035-630-5097-5097) 650.00 1,943.00 2,748.00 202.00 185.00 53.00 1,080.00 782.00 1,006.00 35,143.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35973-071502. A RESOLUTION authorizing the acceptance of a Juvenile Justice and Delinquency Prevention Title II Grant from the Department of Criminal Justice Services for the City's Crisis Intervention Center (Sanctuary) Aggression Replacement Training and Education Program; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 261 1. The City of Roanoke hereby accepts the Juvenile Justice and Delinquency Prevention Title II Grant from the Department of Criminal Justice Services (Grant No. 03-D3256JJ02), in the amount of $35,143.00, to be used for the City's Crisis Intervention Center's (Sanctuary) Aggression Replacement Training' and Education Program, as set out and described in the City's application for said grant, and as more particularly set forth in the City Manager's letter to this Council dated July 15, 2002. 2. The City Manager is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the grant. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35974-071502. A RESOLUTION authorizing execution of Amendment No. 2 to the Subgrant Agreement dated September 26, 2000, between the City and the Northwest Neighborhood Environmental Organization, Inc., for additional funding to develop the McCray Court Senior Living Project. BE IT RESOLVED by the Council of the City of Roanoke that: 262 - 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 2 to the Subgrant Agreement dated September 26, 2000, between the City and the Northwest Neighborhood Environmental Organization, Inc., for additional funding to develop the McCray Court Senior Living Project, within the limits of funds set forth and for the purposes specified in the City Manager's letter to this Council dated July 15, 2002. 2. Amendment No. 2 shall be approved as to form by the City Attorney. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35975-071502. AN ORDINANCE authorizing the proper City officials to enter into Lease Renewal Agreements between the City and Triton PCS Property Company, L.L.C. (Triton) for use of a portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank; the Summit Water Tank; the Mount Pleasant Water Tank; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. (1); providing that such use shall be for the placement, operation, and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions; authorizing the City Manager to take such further actions and execute such additional documents as may be necessary to implement and administer such Agreements; and dispensing with the second reading by title of this ordinance. 263 WHEREAS, the City and Triton entered into four separate Lease Agreements, each dated November 1,1998, which were authorized by Ordinance No. 33992-090898, and which allowed Triton to use the above water tanks and sites for the purposes mentioned above and which Agreements provided for up to two five year renewals upon the mutual agreement of the parties; and WHEREAS, Triton has requested the first five year renewal of each of the above leases to start on August 1, 2002, in accordance with the new rental rate terms referred to in the City Manager's letter dated July 15, 2002, which were established and were recommended by City staff; and WHEREAS, City Council agrees that it is in the City's interest to accept the five year renewal of the above leases as requested by Triton. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, appropriate Lease Renewal Agreements with Triton PCS Property Company, L.L.C., for the use of a portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank located in the 4100 block of Wyoming Avenue, NW; the Summit Water Tank located in the area of 4500 Franklin Road, SW, on the dead end of Summit Way Drive, SW (a private road); the Mount Pleasant Water Tank located in the area of the intersection of Redwood Road and Plateau Road; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1 ) located at the dead end of Creston Avenue, SW; such use will be for the placement, operation, and maintenance of personal communication system antennas and related equipment. 2. The term of such Lease Renewal Agreements will be for a period from August 1, 2002 through July 31, 2007, with up to one five year renewal upon mutual agreement of the parties, with a rental rate for each site as set forth below and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the above mentioned City Manager's letter to Council. $1,000 per month from August 1, 2002 through December 31, 2002. $1,325 per month from January 1, 2003 through December 31, 2003. $1,550 per month from January 1, 2004 through December 31, 2004. $1,675 per month from January 1, 2005 through July 31, 2007. 264 - 3. The City Manager is further authorized to take such further action and to execute such additional documents as may be necessary to implement or administer such Lease Renewal Agreements. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35976-071502. AN ORDINANCE authorizing the proper City officials to enter into Lease RenewalAgreements between the City and Virginia PCS Alliance, L.C., a Virginia Limited Liability Company also d/b/a NTELOS(Virginia PCS) for use of a portion of the following three City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank; the Summit Water Tank; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1); providing that such use shall be for the placement, operation, and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions; authorizing the City Manager to take such further actions and execute such additional documents as may be necessary to implement and administer such Agreements; and dispensing with the second reading by title of this ordinance. WHEREAS, the City and Virginia PCS entered into two separate Lease Agreements, one dated August 1, 1997, and one dated August 1, 1998,which were authorized by Ordinance Nos. 33489-072197 and 33907-072098, respectively, and which allowed Virginia PCS to use the above water tanks and sites for the purposes mentioned above and which Agreements provided for up to two five year renewals upon the mutual agreement of the parties; and 265 WHEREAS, Virginia PCS has requested the first five year renewal of each of the above leases to start on August 1, 2002, in accordance with the new rental rate terms referred to in the City Manager's letter dated July 15, 2002, which were established and were recommended by City staff; and WHEREAS, City Council agrees that it is in the City's interest to accept the five year renewal of the above leases as requested by Virginia PCS. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, appropriate Lease Renewal Agreements with Virginia PCS Alliance, L.C., a Virginia Limited Liability Company, also d/b/a NTELOS, for the use of a portion of the following three City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank located in the 4100 block of Wyoming Avenue, NW; the Summit Water Tank located in the area of 4500 Franklin Road, SW, on the dead end of Summit Way Drive, SW (a private road); and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1) located at the dead end of Creston Avenue, SW; such use will be for the placement, operation, and maintenance of personal communication system antennas and related equipment. 2. The term of such Lease Renewal Agreements will be for a p~.riod from August 1, 2002 through July 31, 2007, with up to one five year renewal upon mutual agreement of the parties, with a rental rate for each site as set forth below and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the above mentioned City Manager's letter to Council. $1,000 per month from August 1, 2002 through December 31, 2002. $1,325 per month from January 1, 2003 through December 31, 2003. $1,550 per month from January 1, 2004 through December 31, 2004. $1,675 per month from January 1, 2005 through July 31, 2007. 3. The City Manager is further authorized to take such further action and to execute such additional documents as may be necessary to implement or administer such Lease Renewal Agreements. 266 second reading of this ordinance by title is dispensed with. APPROVED Pursuant to the provisions of Section 12 of the City Charter, the Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35977-071502. AN ORDINANCE authorizing the proper City officials to enter into a Deed of Lease Extension between the City of Roanoke and Roanoke Valley Swimming, Inc., for the lease and operation of certain City-owned property known as the Gator Aquatic Center, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved bythe City Attorney, a Deed of Lease Extension dated June 11, 2001,with Roanoke Valley Swimming, Inc., for the use and operation of certain City-owned property known as the Gator Aquatic Center, effective beginning June 11, 2001, upon such terms and conditions as are more particularly described in the City Manager's letter to this Council dated July 15, 2002. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 267 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35978-071502. AN ORDINANCE authorizing the City Manager to enter into a permit agreement with the Commonwealth of Virginia, Department of Military Affairs, for the use of City-owned property located at the National Guard Armory for use by the Department of Military Affairs, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate permit agreement with the Commonwealth of Virginia, Department of Military Affairs, setting forth the term of such permit and maintenance responsibilities between the parties, and as more particularly stated in the City Manager's letter to this Council dated July 15, 2002. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35979-071502. A RESOLUTION authorizing the City Manager to execute a joint use agreement between the City of Roanoke and the City of Roanoke School Board which relates to practices and policies pertaining to the purchase of property for 268 school facilities, the purchase of property adjacent to school facilities for community use or school use, the construction of new school facilities, the. expansion or renovation of existing school facilities, and the use and maintenance of school and park facilities, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the joint use agreement between the City of Roanoke and the City of Roanoke School Board which relates to practices and policies pertaining to the purchase of property for school facilities, the purchase of property adjacent to school facilities for community use or school use, the construction of new school facilities, the expansion or renovation of existing school facilities, and the use and maintenance of school and park facilities, upon such terms and conditions, as more particularly set out in the City Manager's letter to this Council dated July 15, 2002. Attorney. ATTEST: Mary F. Parker City Clerk 2. The form of such agreement shall be approved by the City APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35980-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 269 Appropriations Economic Development $ 32,908,040.00 South Jefferson Redevelopment Project (1) ................. 13,332,931.00 Capital Improvement Reserve Public Improvement Bonds - Series 2002 (2) ................ 1) Appropriated from Series 2002 Bond Issue (008-052-9633-9076) 2) Riverside Center for Research and Technology (008-530-9711-9187) 7,686,139.00 5,000,000.00 $ 8,000,000.00 ( 8,000,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35981-071502. AN ORDINANCE providing for the acceptance of certain property rights needed by the City for the Stadium/Amphitheater Project, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 270 1. To provide for the Stadium/Amphitheater Project, the City wants and needs certain property identified by Roanoke City Tax No. 3070321, as more particularly set forth in the City Manager's letter to this Council dated July 15, 2002. The City Manager is authorized to accept the donation of these property rights, subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35982-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating $ 6,712,839.00 Fleet Management (1) ..................................... 2,943,184.00 271 Revenues Billings to Other Funds (2) ................................... 2,280,041.00 1) Motor Fuel/Lube Purchases 2) Billing for Motor Fueland Lube (017-440-2641-3013) (017-110-1234-1279) $ 700,000.00 700,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35983-071502. A RESOLUTION authorizing execution of an Administrative Services Agreement between the City of Roanoke and the Roanoke Valley Detention Commission, relating to the provision by the City of accounting, payroll and retirement administrative services for the Commission. WHEREAS, pursuant to an Administrative Services Agreement dated May 1,2000, the City has provided accounting, payroll and retirement administrative services to the Roanoke Valley Detention Commission, and the Commission is now in a position to perform certain of those services and is desirous of doing so effective January 1, 2003; 272 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and to seal and attest, respectively, an Administrative Services Agreement with the Roanoke Valley Detention Commission providing for the City to continue to provide accounting and payroll services for the Commission through December 31,2002, for a fee of $22,500, and providing for the City's continuing to provide retirement administrative services for the Commission; all in accordance with the recommendation set out in the report of the City Manager and Director of Finance, dated July 15, 2002, such Agreement to be in form approved by the City Attorney. APPROVED ATTEST:~d~, ~ ~ Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35984-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 69,600,968.00 273 Transfers to Other Funds (1) ........................... Contingency- General Fund (2) ........................ 68,632,726.00 476,300.00 Grant Fund Appropriations Community Development Regional Competitiveness Program (3) ....................... 107,300.00 61,200.00 Revenues Community Development Regional Competitiveness Program (4-6) ..................... 107,300.00 61,200.00 1) Transfer to Grant Fund 2) Contingency 3) Fees for Professional Services 4) State Grant 5) Local Match -City 6) Local Match - County (001-250-9310-9535) (001-300-9410-2199) (035-650-9750-2010) (035-650-9750-9750) (035-650-9750-9751) (035-650-9750-9752) $23,700.00 (23,700.00) 61,200.00 25,000.00 23,700.00 12,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 274 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35985~71502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney City Council Municipal Auditing Department of Finance Billings and Collections Electoral Board City Manager · Economic Development Human Resources Department of Management and Budget E911 Center Telecommunications Purchasing Director of General Services Custodial Services Building Maintenance Fire - Support $3,914.00 16,666.00 9,781.00 4,748.00 8,231.00 61,855.00 46.00 2,431.00 363,332.00 859.00 841.00 42,100.00 835.00 21,896.00 6.00 1,035.00 8,192.00 32,912.00 7,6~3.00 675.00 2,627.00 2,127.00 737.00 57,139.00 565,798.00 1,017.00 275 Fire - Operations Fire - Airport Rescue Emergency Medical Services Transportation - Streets and Traffic Transportation - Paving Transportation - Snow Removal 12,796.00 246.00 2,685.00 108,365.00 677,336.00 59,355.00 Transportation - Street Lighting Transportation - Engineering and Operations Solid Waste Management Engineering Building Services Planning, Building and Development Neighborhood Partnership Housing & Neighborhood Services Parks Recreation Community Education Social Services - Administration Income Maintenance Social Services - Services Outreach Detention Youth Haven Crisis Intervention Police - Administration Police - Investigation Police - Patrol Police - Services Police - Training Law Library Environmental Services and Emergency Management 13,148.00 5,902.00 200.00 184,270.00 5,375.00 15,690.00 1,620.00 3,420.00 79,141.00 13,852.00 1,276.00 613.00 4,874.00 864.00 2,629.00 1,476.00 8,329.00 112.00 270.00 9,175.00 3,102.00 232.00 7.00 15.00 276 - Total Appropriations $ 2,433,798.00 Fund Balance Reserve for Prior Year Encumbrances $ 2,433,798.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35986-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Water Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Water - Operating Water - Pumping Stations Water - Purification $790.00 473.00 113,310.00 277 Water - Capital Outlay Utility Line Services Total Appropriations 199,070.00 25,738.00 $ 339,381.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35987-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Water Pollution Control Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Water Pollution Control Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Water Pollution Control - Administration Water Pollution Control - Maintenance Water Pollution Control - Operations Water Pollution Control - Laboratory $ 349,100.00 5,467.00 1,215.00 174.00 278 - Lateral Maintenance and Replacement Total Appropriations 29,375.00 $ 385,331.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35988~71502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Civic Facilities Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Civic Facilities Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Capital Outlay Victory Stadium $ 24,572.00 168,304.00 9,209.00 Total Appropriations $ 202,086.00 279 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk Mayor mith IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35989-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Parking Fund Appropriations, and dispensing with the second reading by the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Parking Fund Appropriations, be, and the samc are hereby, amended and reordained to read as follows, in part: Appropriations Gain~boro Surface Lot $ 3,250.00 Total Appropriations 3,250.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED Mary F. Parker City Clerk Mayor 280 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35990-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Department of Technology Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Information Technology Division Total Appropriations $ 83,903.00 83,903.00 Pursuant to the provisions of Section 12 of the City Charter, the second reeding of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35991-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. 281 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating $1,556.00 Capital Outlay 510,623.00 Total Appropriations $ 512,179.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35992-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Instruction General Support Transportation $567,458.00 43,104.00 13,160.00 282 Operation/Maintenance of Plant Facilities 311,709.00 566,988.00 Total Appropriations $1,502,419.00 Fund Balance Reserve for Prior Year Encumbrances 1,502,419.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35993-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 School Food Services Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 School Food Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Food Services $ 6,330.00 Total Appropriations $ 6,330.00 283 Fund Balance Reserve for Prior Year Encumbrances $ 6,330.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35994-071502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education $131,096,810.00 Comprehensive School Reform Grant - Preston Park 2002-2003 (1-5) ............................. 54,081.00 284 Comprehensive School Reform Grant - Round Hill 2002-2003 (6-10) ............................... Comprehensive School Reform Grant - Forest Park 2002-2003 (11-19) ............................ Comprehensive School Reform Grant - Highland Park 2002-2003 (20-26) ........................... Title III Grant 2002-2003 (27-40) ............................. 54,081.00 54,081.00 54,081.00 37,565.00 Revenues Education Comprehensive School Reform Grant - Preston Park 2002-2003 (41) ............................. Comprehensive School Reform Grant - Round Hill 2002-2003 (42) ............................... Comprehensive School Reform Grant - Forest Park 2002-2003 (43) .............................. Comprehensive School Reform Grant - Highland Park 2002-2003 (44) ............................. Title III Grant 2002-2003 (45) ............................... $131,096,810.00 54,081.00 54,081.00 54,081.00 54,081.00 37,565.00 1) Supplements 2) Social Security 3) In-Service Workshops 4) Office Supplies 5) Educational and Recreational Supplies 6) Compensation of Teachers 7) Supplements 8) Social Security 9) Retirement 10) Health Insurance 11) Supplements 12) Social Security 13) Mileage 14) Conventions/ Education (030-062-6101-6000-0129) (030-062-6101-6000-0201 ) (030-062-6101-6000-0587) (030-062-6101-6000-0601 ) (030-062-6101-6000-0614) (030-062-6102-6000-0121 ) (030-062-6102-6000-0129) (030-062-6102-6000-0201) (030-062-6102-6000-0202) (030-062-6102-6000-0204) (030-062-6198-6000-0129) (030-062-6198-6000-0201 ) (030-062-6198-6000-0551 ) (030-062-6198-6000-0554) $3,250.00 250.00 15,789.00 22,270.00 12,522.00 40,701.00 3,250.00 3,362.00 3,865.00 2,903.OO 3,250.00 250.00 4,500.00 4,000.00 285 15) Testing/Evaluation/ Dissemination 16) Other Miscellaneous Payments 17) In-service Workshops 18) Office Supplies 19) Educational and Recreational Supplies 20) Social Security 21) Mileage 22) Testing/Evaluation/ Dissemination 23) Other Miscellaneous Payments 24) In-service Workshops 25) Educational and Recreational Supplies 26) Addition - Machinery and Equipment 27) Compensation of Teachers 28) Social Security 29) Retirement 30) Health Insurance 31) Conventions/ Education 32) Field Trips 33) Educational and Recreational Supplies 34) Compensation of Teachers 35) Social Security 36) Retirement 37) Health Insurance 38) Conventions/ Education 39) Field Trips (030-062-6198-6000-0584) (030 -062 -6198 -6000 -0586) (030-062-6198-6000-0587) (030-062-6198-6000-0601 ) (030-062-6198-6000-0614) (030-062-6199-6000-0201 ) (030-062-6199-6000-0551 ) (030-062-6199-6000-0584) (030-062-6199-6000-0586) (030-062-6199-6000-0587) (030-062-6199-6000-0614) (030-062-6199-6000-0821 ) (030-062-6263-6005-0121) (030-062-6263-6005-0201) (030-062-6263-6005-0202) (030-062-6263-6005-0204) (030-062-6263-6005-0554) (030-062-6263-6005-0583) (030-062-6263-6005-0614) (030-062-6263-6105-0121 ) (030-062-6263-6105-0201 ) (030-062-6263-6105-0202) (030-062-6263-6105-0204) (030-062-6263-6105-0554) (030-062-6263-6105-0583) 12,000.00 11,681.00 12,000.00 400.00 6,000.00 1,095.00 4,500.00 6,688.00 3,669.00 3,948.00 12,581.00 21,600.00 13,120.00 1,003.00 1,246.00 1,162.00 4,000.00 1,000.00 5,000.00 6,773.00 518.00 643.00 600.00 1,000.00 500.00 286 40) Educational and Recreational Supplies 41) Federal Grant Receipts 42) Federal Grant Receipts 43) Federal Grant Receipts 44) Federal Grant Receipts 45) Federal Grant Receipts (030-062-6263-6105-0614) (030-062-6101-1102) (030-062-6102-1102) (030-062-6198-1102) (030-062-6199-1102) (030-062-6263-1102) 1,000.00 54,081.00 54,081.00 54,081.00 54,081.00 37,565.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35995-071502. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Robert Evan, LLC, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and 287 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by '30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on July 15, 2002, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Beginning at a point on the northerly right-of-way of U.S. Route 220 entrance ramp at the southeasterly corner of the property of Robert Evan, LLC; thence with the westerly line of Hite Street N. 27° 42' 50" W. 268.24 feet to a point; thence crossing Hite Street N. 62° 17' 28" E. 50 feet to a point; thence with the easterly line of Hite Street S. 27° 42' 50" E. 315.90 feet to the northerly right-of-way line of U.S. Route 220; thence with the same N. 73° 03' 55" E. 69.06 feet to the point and place of beginning, and containing 0.3352 acre be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and 288 related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the .later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDINAED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of seven thousand six hundred dollars and no cents ($7,600.00) as consideration for this action taken by City Council. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the. City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six (6) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. 289 BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35996 -071502. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Kitina A. Gimbert and Sue E. Harrison, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on July 15, 2002, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and 290 WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain unopened portion of Whitman Street, S.E., from the southerly boundary of Arbutus Avenue, lying between parcels identified by Official Tax Nos. 4151207 and 4160301. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the !ater abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. 291 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six (6) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk APPROVED ~~t~lK' Smith~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of July, 2002. No. 35997-071502. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. 292 WHEREAS, the City of Roanoke, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on July 15, 2002, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That 30' public right-of-way, known as Mason Mill Road, N.E., extending from the southerly boundary of tax parcel 7230101 to the northerly boundary of said parcel be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such 293 work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six (6) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of '12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary.~F. Parker City Clerk Ralph K. Smith Mayor 294 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2002. No. 35998-071502. AN ORDINANCE, authorizing the fee simple conveyance of properties located at 1224 Rorer Avenue, S.W., and 719 Dale Avenue, S.E., to the Blue Ridge Housing Development Corporation; authorizing the execution of a Subgrant Agreement between the City and Blue Ridge Housing Development Corporation in order to provide Community Development Block Grant (CDBG) funds for the rehabilitation of such properties, and to provide housing available for rent and/or lease purchase by eligible Iow/moderate income families; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on July 15, 2002, pursuant to" 15.2-1800(B) and 1813, Code of Virginia (19550), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to take the necessary actiOn to convey City-owned property, located at 1224 Rorer Avenue, S.W., and 719 Dale Avenue, S.E., to the Blue Ridge Housing Development Corporation upon the terms and conditions set forth in the letter to this Council dated July 15, 2002. All documents necessary for this conveyance shall be upon form approved by the City Attorney. 2. The City Manager, and the City Clerk, are further authorized, for and on behalf of the City, to execute and attest respectively, a Subgrant Agreement with Blue Ridge Housing Development Corporation, for funding through Community Development Block Grant funds, in the amount of $150,143.00, to provide for rehabilitation of the two properties located at 1224 Rorer Avenue, S.W., and 719 Dale Avenue S.E., upon the terms and conditions set forth in the City Manager's letter to this Council dated July 15, 2002. 295 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 297 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2002. No. 35999-080502. A RESOLUTION memorializing the late Sylvian Elaina Loritts, a citizen of Roanoke since 1977. WHEREAS, the members of Council learned with sorrow of the passing of Ms. Loritts on Sunday, July 14, 2002; and WHEREAS, Ms. Loritts was born and raised in Newark, New Jersey; and WHEREAS, Ms. Loritts worked for Bell Laboratories in New Jersey before moving to Roanoke; and WHEREAS, Ms. Loritts was dedicated to serving the Roanoke community, and was an active member of the NAACP (Roanoke Branch); and WHEREAS, Ms. Loritts served on the Fair Housing Board from September 1995 until April 2001, and convinced the Board to undertake many initiatives that were started by her; and WHEREAS, Ms. Loritts was a member of the Roanoke Neighborhood Partnership Steering Committee, the Youth Services Citizen Board and the American Business Women's Association; and WHEREAS, Ms. Loritts was a chief poll worker for the Registrar's Office and worked as a temporary employee for the Roanoke Public Library in the Genealogy Department; and WHEREAS, Ms. Loritts was a great community activist, encouraging people to register to vote and to get involved in their community. WHEREAS, Ms. Loritts was a faithful member of the High Street Baptist Church, where she served on the Deaconess Board and was a member of the Missionary Society. 298 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Sylvian Elaina Loritts, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Loritts' sister, Lavonia Loritts Anderson, in Myrtle Beach, South Carolina, and to her brother, Dr. Crawford Loritts, Jr., in Atlanta, Georgia. ATTEST: APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36000-080502. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of a property management company for the City Market Building; and documenting the basis for this determination. WHEREAS, the City seeks to procure proposals from property management companies to manage and operate the City Market Building, which includes maintenance and repair of the facility, employee training, customer responsiveness, and marketing and accounting procedures. WHEREAS, this Council finds that the use of the procurement method of competitive negotiation for the above mentioned services will allow for consideration of the factors of experience, qualifications, and references which are of equal, if not greater, importance than the cost. 299 WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke as follows: 1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and/or is not fiscally advantageous to the public for the reasons set forth above for the procurement of a property management company to manage and operate the City Market Building. 2. City Council directs that the procurement method known as competitive negotiation shall be used for the procurement of a property management company, as more fully set forth in the City Manager's Letter to this Council dated August 5, 2002. 3. This Resolution documents the basis for City Council's determination. ATTEST: City Clerk APPROVED Ralph K. Smith Mayor 300 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36001-080502. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of services for the provision of Job Readiness instruction for eligible Department of Social Services clients and documenting the basis for this determination. WHEREAS, the City seeks to procure proposals from vendors to provide job readiness training for clients of the Employment Services Program within the Department of Social Services; and WHEREAS, this Council finds that the use of the procurement method of competitive negotiation for the above mentioned services will allow for consideration of the factors of experience, qualifications/capacity, record of successfully achieving desired outcomes, and references as related to the offers; and WHEREAS, this Council finds in regard to the procurement of job readiness instruction services for the Department of Social Services Employment Services Program that the use of the procurement method of competitive negoti~_tion will allow for the evaluation of responsive offerors to include a means to evaluate the quality of services being offered in the areas of instructional/training experience, personnel allocation and financial management; and WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and/or is not fiscally advantageous to the public for the reasons set forth above. 301 2. City Council directs that the procurement method knoW.ri as competitive negotiation shall be used for the procurement of services for the provision of Job Readiness instruction for eligible Department of Social Services clients, as set forth in the City Manager's Letter to this Council dated August 5, 2002. 3. This Resolution documents the basis for City Council's determination. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36002-080502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,288,462.00 Local Law Enforcement Block Grant FY2003 (1-4) ........ 146,286.00 302 Revenues Public Safety-Special Purpose Grants Local Law Enforcement Block Grant FY2003 (5-7) ......... 1) Overtime 2) FICA 3) Expendable Equipment <$5,000.00 4) Training and Development 5) Federal Grant Receipts 6) 7) (035-640-3333-1003) (035-640-3333-1120) $ 120,000.00 9,180.00 (035-640-3333-2035) 12,000.00 (035-640-3333-2044) (035-640-3333 -3335) 5,106.00 129,407.00 $ 2,288,462.00 146,286.00 Local Match (035-640-3333-3336) 14,379.00 Interest (035-640-3333-3337) 2,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 303 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2002. No. 36003-080502. A RESOLUTION authorizing the acceptance of a certain Local Law Enforcement Block Grant from the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice, a Local Law Enforcement Block Grant in the amount of $129,407.00, with the City providing an additional $14,379.00 in local match, such grant being more particularly described in the letter of the City Manager, dated August 5, 2002, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Department of Justice. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 304 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36004-080502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural ......................... Challenge Grant FY03 (1) ............................ Revenues Parks, Recreation and Cultural Challenge Grant FY03 (2) ............................. 1) Subsidies (035-410-8737-3700) 2) Challenge Grant FY03 (035-410-8737-8737) $ 28,000.00 5,000.00 28,000.00 5,000.00 $ 5,000.00 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 3O5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2002. No. 36005-080502. A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000.00 to be used for funding local organizations, as more particularly set forth in the City Manager's letter to this Council dated August 5, 2002. 2. The City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 306 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36006-080502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Temporary Assistance for Needy Families (TANF) Hard-to-Serve (1) ............................... 3,542,543.00 207,933.00 Revenues Health and Welfare Temporary Assistance for Needy Families (TANF) Hard-to-Serve (2) ............................... 3,542,543.00 2O7,933.0O 1) Fees for Professional Services (035-630-8851-2010) $ 207,933.00 2) State Grant Receipts (035-630-8851-8851) 207,933.00 307 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2002. No. 36007~80502. A RESOLUTION authorizing acceptance of a grant award under the Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project from the Virginia Department of Social Services, for the purpose of providing job search, job coaching and job retention services for eligible TANF recipients who must obtain employment, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant award under the Temporary Assistance for Needy Families (TANF) Hard-to-Service Project from the Virginia Department of Social Services, for the purpose of providing job search, job coaching and job retention services for hard-to-serve TANF recipients, in the amount of $207,933.00, as set forth in the City Manager's letter to Council dated August 5, 2002, is hereby ACCEPTED. 308 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36008-080502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,257,176.00 Vulnerability Assessment (1) ........................... 115,000.00 Revenues Public Safety 2,257,176.00 Vulnerability Assessment (2) ........................... 115,000.00 309 1) Fees for Professional Service (035-510-5250-2010) $ 115,000.00 2) Federal Grant Receipts (035-510-5250-5250) 115,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2002. No. 36009-080502. A RESOLUTION authorizing the acceptance of a grant from the United States Environmental Protection Agency to develop a vulnerability assessment, emergency response/operating plan, security enhancement and design, or a combination of these items for the City's water system; authorizing execution of any required documentation on behalf of the City; and authorizing the City Manager to take such further action as may be necessary to accept such grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Environmental Protection Agency a grant in an amount of up to $115,000.00 to develop a vulnerability assessment, emergency response/operating plan, security enhancement and design, or a combination of these items for the City's water system, such grant being more particularly described in a letter from the City Manager to Council dated August 5, 2002, upon all the terms, provisions and conditions relating to the receipt of such funds. 310 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant, in a form approved by the City Attorney, to furnish such additional information as may be required by the United State Environmental Protection Agency, and to take such further action as may be necessary to accept such grant. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2002. No. 36010-080502. A RESOLUTION authorizing the appropriate City officials to enter into the 2002-2003 Community Development Block Grant Program Agreement with the Blue Ridge Small Business Development Center, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, the 2002-2003 Community Development Block Grant Program Agreement with the Blue Ridge Small Business Development Center, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated August 5, 2002, to this Council. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 311 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of AugUst, 2002. No. 36011-080502. A RESOLUTION authorizing the execution of an agreement with the Roanoke Regional Chamber of Commerce for administration of Community Development Block Grant (CDBG) funds for FY 2002-2003, for services related to the promotion and development in the central area of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an agreement, and any necessary amendments thereto, if necessary, with the Roanoke Regional Chamber of Commerce for administration of Community Development Block Grant (CDBG) funds for FY 2002-2003, for services related to the promotion and development in the central area of the City, within the limits of funds as more particularly set forth in the City Manager's letter, dated August 5, 2002, to this Council. 2. The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36012-080502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 312 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Recreation Mill Mountain Greenway (1-4) .......................... Roanoke River Greenway Phase 2 (5) ................... 27,378,541.00 850,498.00 9,502.00 Capital Improvement Reserve 15,596,139.00 Public Improvement Bonds - Series 1999 (6) ............. 2,284,917.00 Revenues Intergovernmental Mill Mountain Greenway ISTEA (7) ..................... 3,040,556.00 390,000.00 Outside Third Parties Mill Mountain Greenway Fralin Trust Donation (8) ........ 768,600.00 20,000.00 1) Appropriated from Series 1999 Bond Issue (008-052-9721-9001) $ 90,000.00 2) Appropriated from General Revenue (008-052~721-9003) 190,498.00 3) Appropriated from Third Party (008-052-9721~004) 20,000.00 4) Appropriated from State Grant Funds (008-052-9721-g007) 390,000.00 5) Appropriated from General Revenue (008-530~756~003) (190,498.00) 6) Parks (008-052-9709-9180) (90,000.00) 7) Mill Mountain Greenway ISTEA (008-052-9721-1371) 390,000.00 313 8) Mill Mountain Greenway Fralin Trust Donation (008-052-9721-1372) $ 20,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2002. No. 36013-080502. AN ORDINANCE accepting the bid of H. & S. Construction Company for the construction of a greenway connecting Elmwood Park and Piedmont Park, by way of Williamson Road, Walnut Avenue Bridge, and Riverview Boulevard, upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. & S. Construction Company in the amount of $655,761.20 for the construction of a greenway connecting Elmwood Park and Piedmont Park, by way of Williamson Road, Walnut Avenue Bridge, and Riverview Boulevard, as is more particularly set forth in the City Manager's letter dated August 5, 2002, to this Council, such bid being in full compliance with the City's plans and specifications made therefore and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Division, be and is hereby ACCEPTED. 314 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefore and the City's specifications made therefore, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2002. No. 36014-080502. A RESOLUTION accepting a donation of funds to be used for the construction of the Mill Mountain Greenway; a donation of the delivery and placement of 564 linear feet of traffic barrier on the Williamson Road portion of the project; a donation of the materials for, and the construction and installation of, a trellis, and a concrete pad beneath the trellis, in Piedmont Park; and a donation of equipment and labor for the grading and preparation of the Piedmont Park parking area and the Hamilton Terrace switchback ramp; and expressing appreciation for each donation. 315 WHEREAS, the Horace G. Fralin Charitable Trust has pledged a donation of $20,000.00, to the City for the construction of the Mill Mountain Greenway, such donation to be received by the City after January 1, 2003; WHEREAS, Branch Highways, Inc., has agreed to donate, deliver and place 564 linear feet of traffic barrier on the Williamson Road portion of the Mill Mountain Greenway; WHEREAS, J. M. Turner & Company, Inc., has agreed to donate materials for, and the construction and installation of, a trellis, and a concrete pad beneath the trellis, in Piedmont Park; and WHEREAS, Lanford Brothers Company has agreed to donate equipment and labor for the grading and preparation of the Piedmont Park parking area and the Hamilton Terrace switchback ramp. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts a donation of $20,000.00 to the City for the Mill Mountain Greenway from the Horace G. Fralin Charitable Trust, such donation to be received by the City after January 1, 2003, a donation of Branch Highways, Inc., to deliver and place 564 linear feet of traffic barrier on the Williamson Road portion of the Mill Mountain Greenway, a donation ofJ. M. Turner & Company, Inc., of the materials for, and the construction and installation of, a trellis, and a concrete pad beneath the trellis, in Piedmont Park, and a donation of equipment and labor for the grading and preparation of the Piedmont Park parking area and the Hamilton Terrace switchback ramp from Lanford Brothers Company. 2. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to the Horace G. Fralin Charitable Trust, Branch Highways, Inc., J. M. Turner & Company, Inc., and Lanford Brothers Company for their generous donations to the City for the Mill Mountain Greenway. 316 3. The City Clerk is directed to transmit a copy of this resolution to Mr. W. Heywood Fralin for the Horace G. Fralin Charitable Trust, Mr. Ralph D. Shivers, for Branch Highways, Inc., Mr. Douglas Childress, for J. M. Turner & Company, Inc., and Mr. Mike Loveman, for Lanford Brothers Company, expressing to each the City's appreciation for their donation. APPROVED ATTEST: ~~ Mary F. Parker Ralph K. Smith City Clerk Mayor THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The Sth day of August, 2002. No. 36015-080502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development YMCA Aquatic Center (1) .............................. Parks, Recreation and Cultural Roanoke River Greenway Phase II (2) .................... $ 6,216,143.00 400,000.00 27,087,541.00 400,000.00 Fund Balance Reserved Fund Balance - Unappropriated Capital Fund Interest Earnings (3) ........................ Appropriated from General Revenue 2) Appropriated from General Revenue 3) Reserved Fund Balance - Capital Fund Interest Earnings (008-530-9757-9003) (008-530 -9756-9003) (008-3325) 317 $ 1,105,311.00 $ 200,000.00 200,000.00 (400,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36016~80502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 318 Appropriations Health and Welfare Fifth District Disability-Adult Care FY03 (1) .................. Fifth District Disability-Family Services FY03 (2) .............. Fifth District Disability-Heartland Rehab FY03 (3) ............. Fifth District Disability-Family Services FY04 (4) .............. Fifth District Disability-Heartland Rehab FY04 (5) ............. Fifth District Disability-Heartland Rehab FY05 (6) .............. 3,414,966.00 5,000.00 32,663.00 5,010.00 32,663.00 3,340.00 1,670.00 Revenues Health and Welfare Fifth District Disability FY03 (7-9) ........................... Fifth District Disability FY04 (10-11) ......................... Fifth District Disability FY05 (12) ............................ 3,414,956.00 42,673.00 36,003.00 1,670.00 1) Fees for Professional Services (035-630-5270-2010) $ 5,00G.O0 2) Fees for Professional Services (035-630-5271-2010) 32,663.00 3) Fees for Professional Services (035-630-5272-2010) 5,010.00 4) Fees for Professional Services (035-630-5273-2010) 32,663.00 5) Fees for Professional Services (035-630-5274-2010) 3,340.00 6) Fees for Professional Services (035-630-5275~010) 1,670.00 7) State Grant Receipts- Adult Care Center FY03 (035~30-5270-5270) 5,000.00 8) State Grant Receipts- Family Services FY03 (035~30-5271-5271) 32,663.00 9) State Grant Receipts- Heartland Rehab FY03 (035~30-5272-5272) 5,010.00 10) State Grant Receipts- Family Services FY04 (035~30-5273-5273) 32,663.00 319 11) State Grant Receipts- Heartland Rehab FY04 (035-630 -5274-5274) $ 3,340.00 12) State Grant Receipts- Heartland Rehab FY05 (035-630-5275-5275) 1,670.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of August, 2002. No. 36017-080502. A RESOLUTION endorsing a Regional Economic Strategy developed by the Fifth Planning District Regional Alliance. WHEREAS, in our current global economy the "region" is the foundation of economic competitiveness and prosperity and therefore communities must work cooperatively to enhance a region's wealth; and WHEREAS, previous studies of Western Virginia have shown that our regional economy is not in a "crisis" but is experiencing a gradual decline that will make the region less economically competitive in the future; and WHEREAS, the Fifth Planning District Regional Alliance has prepared a Regional Economic Strategy to serve as a "road map" to guide communities in how best to take advantage of existing strengths and opportunities and to identify new opportunities as the region continues its transition into the "New Economy"; and 320 WHEREAS, all jurisdictions in the region have been invited to collaborate, recognizing that many of the initiatives will require broad participation to share resources, assets, leadership, and increase the scale, to maximize the impact on the region; and WHEREAS, the implementation of the plan will be undertaken through a collaborative effort between public and private organizations to address specific tactics presented in the Strategy. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby endorses the themes and tactics presented in the Fifth Planning District Regional Alliance's Regional Economic Strategy as a means of enhancing the region's economic competitiveness and future prosperity. 2. The City Clerk is directed to send a copy of this Resolution to the Fifth Planning District Regional Alliance. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 321 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36018-081902. A RESOLUTION memorializing the late James Edward Taliaferro, Sr., a former mayor of the City of Salem. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Taliaferro on Saturday, August 3, 2002; and WHEREAS, after attending Andrew Lewis High School, Mr. Taliaferro served in the 101st Airborne as a paratrooper for three years; WHEREAS, Mr. Taliaferro worked for the Norfolk and Western Railroad, and then became a salesman for the Shelton-Witt Equipment Company; WHEREAS, Mr. Taliaferro entered the construction business and formed Salem Contracting, Inc., in 1965, and operated the company continuously until his death; WHEREAS, Mr. Taliaferro entered politics in 1972 by successfully winning election to Salem City Council, and, after two years, was named Mayorma position he held until 1996, the year of his retirement; and WHEREAS, while serving as Mayor of Salem, Mr. Taliaferro played a key role in forming the City's school system, and its sports programs and facilities. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of James Edward Taliaferro, Sr., and extends to his family its sincerest condolences. 322 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Taliaferro's widow, Rixine Taliaferro, of Salem, Virginia. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36019-081902. A RESOLUTION memorializing the late Alfred N. "Hoot" Gibson, a native of Roanoke and former City Auditor and Director of Finance for the City of Roanoke. WHEREAS, the members of City Council learned with sorrow of the passing of Mr. Gibson on Thursday, August 1, 2002; WHEREAS, Mr. Gibson graduated from Jefferson High School and served in the Marines in World War II; and WHEREAS, after graduation from National Business College, Mr. Gibson began working for the City in 1947 as a bookkeeper in the City Auditor's Office; and WHEREAS, Mr. Gibson was promoted within the department several times, becoming City Auditor in 1972, and finally became Director of Finance in 1974; and 323 WHEREAS, Mr. Gibson was a member of the Elks, Moose, Masons and Shriners organizations and also prepared tax returns for Iow-income families for free. WHEREAS, after faithfully serving the City for 29 years, Mr. Gibson resigned his position in 1976 to become the Executive Secretary of the Employee Pension Plan System in Norfolk, Virginia; and WHEREAS, Mr. Gibson retired to Tampa, Florida in 1990, where he lived until moving to Texas in 1998 to live with relatives. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Alfred N. "Hoot" Gibson, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Gibson's sons, William Gibson of Sunset Beach, North Carolina, and David Gibson of Seal Beach, California, and his daughter Ann Gibson Reiser, of Kingwood, Texas. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 324 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36020-081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration Victim Witness Grant FY03 (1-16) .......................... $1,078,900.00 128,009.00 Revenues Judicial Administration Victim Witness Grant FY03 (17-18) ......................... 1,078,900.00 128,009.00 01) Regular Employee Salaries 02) City Retirement 03) ICMA Retirement 04) ICMA Match 05) FICA 06) Medical Insurance 07) Dental Insurance 08) Disability Insurance 09) Telephone 10)Administrative Supplies 11) Dues and Memberships 12) Training and Development 13) Printing (035-150-5126-1002) (035-150-5126-1005) (035-150-5126-1115) (035-150-5126-1116) (035-150-5126-1120) (035-150-5126-1125) (035-150-5126-1126) (035-150-5126-1131 ) (035-150-5126-2020) (035-150-5126-2030) (035-150-5126-2042) (035-150-5126-2044) (035-150-5126-2075) $ 92,614.00 3,824.00 2,946.00 1,950.00 7,460.00 9,068.00 636.00 259.00 240.00 1,289.00 275.00 4,368.00 200.00 325 14) Postage 15) CIS - Personal Computer Rental/Maintenance 16) Management Services 17) State Grant Receipts 18) Local Match (035-150-5126-2160) (035-150-5126-7007) (035-150-5126-7015) (035-150-5126-5126) (035-150-5126-5127) 2,400.00 240.00 240.00 102,338.00 25,671.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36021-081902. A RESOLUTION authorizing the acceptance of Grant No. 03-18554VW02 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 326 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of Grant No.03- 18554VW02 in the amount of $102,338 for Fiscal Year 2002-03 for a Victim/Witness Assistance Program. 2. The local cash match for Fiscal Year 2002-03 shall be in the amount of $25,671. 3. The City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No- 03- 18554VW02. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36022-081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. 327 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfer to Other Funds (1) ........................... Contingency (2) .................................... $ 69,600,968.00 68,618,407.00 490,6!9.00 Grant Fund Appropriations Judicial Administration ................................ Regional Drug ProsecutorFY03 (3-18) .................... 1,019,023.00 113,556.00 Revenues Judicial Administration Regional Drug ProsecutorFY03 (19-20) .................... 1,019,023.00 113,556.00 01) Transfer to Grant Fund 02) Contingency 03) Regular Employee Salaries 04) City Retirement 05) ICMA Match 06) FICA 07) Medical Insurance 08) Dental Insurance 09) Life Insurance 10)Disability Insurance 11) Telephone 12) Telephone - Cellular 13) Administrative Supplies (001-250-9310-9535) (001-300-9410-2199) (035-150-5135-1002) (035-150-5135-1105) (035-150-5135-1116) (035-150-5135-1120) (035-150-5135-1125) (035-150-5135-1126) (035-150-5135-1130) (035-150-5135-1131) (035-150-5135-2020) (035-150-5135-2021) (035-150-5135-2030) $ 9,381.00 (9,381.00) 74,300.00 4,725.00 1,300.00 5,783.00 5,496.00 404.00 728.00 208.00 2,000.00 300.00 8,512.00 328 14) Publications and Subscriptions 15) Dues and Memberships 16) Printing 17) Postage 18) Other Rental 19) State Grant Receipts 20) Local Match (035-150-5135-2040) (035-150-5135-2042) (035-150-5135-2075) (035-150-5135-2160) (035-150-5135-3075) (035-150-5135-5107) (035-150-5135-5108) 200.00 400.00 300.00 500.00 8,400.00 91,615.00 21,941.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36023~81902. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 329 1. The City of Roanoke hereby accepts the funding for the regional drug prosecutor's office in the total amount of $91,615 from the Compensation Board of the Commonwealth of Virginia for the period of July 1, 2002, through June 30, 2003. 2. The City Manager is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all documents required to obtain .~uch funding. 3. The local cash match for Fiscal Year 2002-2003 shall be in the amount of $21,941. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36024-081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 330 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration Forfeited Criminal Assets (1-5) ........................... $ 973,371.00 161,632.00 Revenues Judicial Administration Forfeited Criminal Assets (6-7) ............................ 973,371.00 161,632.00 01) Telephone-Cellular 02) Administrative Supplies 03) Expendable Equipment <5,000.00 04) Training and Development 05) DOT-Personal Computer Rental/ Maintenance 06) Federal Forfeiture Subsidy 07) Federal Asset Forfeiture - Interest (035-150-5140-2021) (035-150-5140-2030) (035-150-5140-2035) (035-150-5140-2044) (035-150-5140-7007) (035-150-5140-7107) (035-150-5140-7275) $ 5,000.00 4,980.00 4,000.00 2,000.00 6,500.00 21,922.00 558.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 331 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36025-081902. A RESOLUTION approving the issuance of bonds by the Industrial Development Authority of Botetourt County, Virginia, for the benefit of Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. and Animal Care Services, Inc. WHEREAS, the Industrial Development Authority of Botetourt County, Virginia (the "Authority"), has considered the request of Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. and Animal Care Services, Inc., non-stock, non-profit Virginia corporations (the "Companies"), for the issuance of the Authority's Revenue Bonds in an amount not to exceed $3,600,000 (the "Bonds") to assist in the financing of a regional animal pound facility, approximately 19,000 square feet in size (the "Project"); and WHEREAS, the owner of the Project will be the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. and the operator of the Project will be Animal Care Services, Inc.; and WHEREAS, the Project will be located at 1510 Baldwin Avenue, SE, in the City of Roanoke, Virginia (the "City"); and WHEREAS, on August 19, 2002, the Authority held a public hearing on the proposed issuance of the Bonds; and WHEREAS, the Authority has requested the City Council of the City of Roanoke, Virginia (the "Council") to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), which provides that the governmental units having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of the private activity bonds is located must approve the issuance of the bonds; and 332 WHEREAS, the Authority issues its bonds on behalf of the County, the Project is to be located in the City, and the Council constitutes the highest governmental unit of the City; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a summary of the comments made at the public hearing, if any, and a fiscal impact statement relating to the Project have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: 1. The issuance of the Bonds by the Authority for the benefit of the Companies is hereby approved, to the extent required by Section 147(f) of the Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as contained in this Resolution, does not constitute an endorsement of the Bonds, the financial viability of the Project or the creditworthiness of the Companies. Further, as required by Section 15.2-4909 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the Commonwealth of Virginia, nor any political subdivision thereof, nor the Authority shall be obligated to pay the principal of, premium, if any, the interest thereon, or other costs incident thereto except from the revenues and monies pledged therefor and any applicable security, and neither the faith, credit, nor the taxing power of the Commonwealth or any political subdivision thereof shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36026-081902. A RESOLUTION authorizing a contract with KCI Technologies, Inc., to provide project administration/inspection/management services to monitor, inspect and administer on a daily basis the on-going construction project for Phase I, and future Phase II, of the Roanoke Civic Center Expansion and Renovation Project, and which may also include some value engineering and/or constructability review services. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with KCI Technologies, Inc., to provide project administration/inspection/management services to monitor, inspect and administer on a daily basis the on-going construction project for Phase I, and future Phase II, of the Roanoke Civic Center Expansion and Renovation Project, and which may also include some value engineering and/or constructability review services, as described in the City Manager's letter to this Council dated August 19, 2002. 2. The cost of the contract will be an amount not to exceed $130,900.00 for such services for Phase I of the project and an amount notto exceed $395,000.00 for such services for Phase II of the Project, provided that the Consultant's services for Phase II are specifically subject to the availability and appropriation by Council of funds for such services. 334 3. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Managers letter to this Council dated August 19, 2002. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36027-081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD~roDriations Storm Drains $ 3,212,131.00 Airport Road Storm Drain Extension (1) ..................... 215,000.00 335 Fund Balances Reserved Fund Balance - Unappropriated Capital Projects Fund Interest Earnings (2) ................... $ 1,290,311.00 01) Appropriated from General Revenue (008-530-9791-9003) 02) Reserved Fund Balance -Capital · Projects Fund Interest Earnings (008 -3325) $ 215,000.00 (215,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19~th day of August, 2002. No. 36028-081902. AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for Storm drain improvements near the intersections of Airport Road and Municipal Road, as well as Airport Road and Towne Square Boulevard, upon certain terms and Conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to I~he City for the work; and dispensing with the second reading by title of this ordinance. 336 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Aaron J. Conner, General Contractor, Inc., in the amount of $186,860 for storm drain improvements near the intersections of Airport Road and Municipal Road, as well as Airport Road and Towne Square Boulevard, as is more particularly set forth in the City Manager's Letter dated August 19, 2002, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Division, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 337 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36029-081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General, Water, Water Pollution Control, Civic Center, and Department of Technology Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General, Water, Water Pollution Control, Civic Center, and Department of Technology Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ........................ Health and Welfare Health Department (2) ............................. Water Fund $ 69,646,750.00 68,685,708.00 27,448,753.00 1,102,871.00 Appropriations Nonoperating Expense (3) ......................... Retained Earninqs Retained Earnings Available for Appropriation (4) ....... 1,126,801.00 2,225,8E4.00 338 Water Pollution Control Fund Appropriations Nonoperating Expense (5) ............................ Retained Earnings Retained Earnings Available for Appropriation (6) ......... Civic Center Fund Appropriations Nonoperating Expense (7) ............................. Retained Earnings Retained Earnings Available for Appropriation (8) .......... Department of Technolo§y Fund A_aDroDriations Capital Outlay Telephone Purchases (9) ............................... Fire/EMS System (10) ................................. Revenues Transfers from Other Funds (11-14) ....................... Retained Earnings Retained Earnings Available for Appropriation (15) ........... $ 771,638.00 5,078,752.00 117,084.00 565,246.00 12,164,471.00 39,709.00 1,383,004.00 47,754.00 1,746,417.00 339 01) Transfer to Department of Technology Fund 02) Subsidies 03) Transfer to Department of Technology Fund 04) Retained Earnings - Available for Appropriation 05) Transfer to Department of Technology Fund 06) Retained Earnings - Available for Appropriation 07) Transfer to Department of Technology Fund 08) Retained Earnings - Available for Appropriation 09) Appropriated from General Revenue 10) Appropriated from General Revenue 11) Transfer from General Fund 12) Transfer from Water (001-250-9310-9513) (001-630-5110-3700) (002-510-2172-9513) (002-3348) (003-510-3172-9513) (003-3348) (005-550-2107-9513) (005-3348) (013-052-9603-9003) (013-430-9847-9003) (013-110-1234-1037) Fund (013-110-1234-1035) 13) Transfer from Water Pollution Control Fund (013-110-1234-1036) 14) Transfer from Civic Center (013-110-1234-1287) 15) Retained Earnings - Available for Appropriation (013-3348) $ 37,982.00 (37,982.00) 41,146.00 (41,146.00) 27,248.00 (27,248.00) 47,754.00 (47,754.00) (880,291.00) 1,258,004.00 37,982.00 41,146.00 27,248.00 47,754.00 (223,583.00) 340 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispense APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36030-081902. AN ORDINANCE accepting the bid of Verizon Select Services Inc.,to providetelephone system solutions,to replace the current centrex service, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Verizon Select Services Inc.,made to the City in the total amount of $1,258,004.00, to provide telephone system solutions and to replace the current centrex service, as is more particularly set forth in the City Manager's letter to this Council, dated August 19, 2002, such amount arrived at through competitive negotiation, as authorized by City Council, is hereby ACCEPTED. 341 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, as determined through competitive negotiation, said contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above services are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36031- 081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Fifth District Employment and Training Consortium Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Fifth District Employment and Training Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: 342 ADr) ropriations Fifth District Employment and Training Consortium Other Jurisdictions (1-3) .................................. Economic and Employment Improvement Program (4-18) ...... $ 4,116,749.00 4,961.00 25,000.00 Revenues Fifth District Employment and Training Consortium Other Jurisdictions (19) .................................. Economic and Employment Improvement Program (20) ....... 4,116,749.00 4,961.00 25,000.00 01) Insurance 02) Equipment 03) Miscellaneous 04) Administrative Wages 05) Administrative Fringes 06) Communication 07) Supplies 08) Wages 09) Fringes 10) Travel 11) Program Communications 12) Program Supplies 13) Program Insurance 14) Program Leases 15) Miscellaneous 16) Training 17) Subsidized Wages 18) Support Services 19) Other Jurisdictions 20) Economic and Employment Improvement Program (034-633-2380-8056) (034-633-2380-8059) (034-633-2380-8060) (034-633-2393-8350) (034-633-2393-8351) (034-633-2393-8353) (034-633-2393-8355) (034-633-2393-8050) (034-633-2393-8051) (034-633-2393-8052) (034-633-2393-8053) (034-633-2393-8055) (034-633-2393-8056) (034-633-2393-8057) (034-633-2393-8060) (034-633-2393-8500) (034-633-2393-8502) (034-633-2393-8461) (034-633-2380-2380) (034-633-2393-2393) $ 1,000.00 500.00 3,461.00 750.00 190.00 30.00 30.00 12,125.00 2,850.00 150.00 250.00 250.00 100.00 300.00 175.00 500.00 5,800.00 1,500.00 4,961.00 25,000.00 343 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36032-081902. A RESOLUTION authorizing execution of an agreement between the City of Roanoke and U.S. Cellular, providing for use of cellular phones for the Homeland Emergency Loaner Phone (H.E.L.P.) and the Community Action Life Line (C.A.L.L.) programs. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and onbehalf of the City, to execute and attest, respectively, agreements with U.S. Cellular providing for use of cellular phones for the Homeland Emergency Loaner Phone (H.E.L.P.) and the Community Action Life Line (C.A.L.L.) programs. 344 2. Such agreements, which shall be approved as to form by the City Attorney, shall be in substantially the form set forth in the attachment to the City Manager's letter to this Council dated August 19, 2002, and shall include a provision releasing and holding harmless U.S. Cellular. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36033- 081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 GrantFund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Federal Asset Forfeiture (1) ............................... $ 2,186,853.00 44,677.00 Revenues Public Safety Federal Asset Forfeiture (2-3) ............................... 2,186,853.00 44,677.00 345 01) Investigations and Rewards(035-640-3304-2150) 02) Federal Asset Forfeiture Proceeds (035-640-3304-3305) 03) Interest (035-640-3304-3306) $ 44,677.00 44,119.0C~ 558.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36034- 081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 WaterFund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Water - Operating (1-5) ................................. Water - Capital Outlay (6-7) .............................. $ 15,672,295.00 1,876,000.00 550,000.00 346 Retained Earnings Retained Earnings Available for Appropriation (8) .............. $ 2,267,000.00 01) Temporary Employee Wages 02) Advertising 03) Purchased Water - Salem 04) Purchased Water - Roanoke County 05) Purchased Water - Vinton 06) Water - New Service, Hydrants, Lines 07) Water - Unidentified Plant Replacement 08) Retained Earnings - Available for Appropriation (002-510-2160-1004) (002-510-2160-2015) (002-510-2160-2255) (002-510-2160-2256) (002-510-2160-2257) (002-510-2178-9025) (002-510-2178-9026) (002-3348) 10,000.00 25,000.00 261,000.00 1,450,000.00 130,000.00 200,000.00 350,000.00 (2,426,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36035-081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Water Pollution Control Fund Appropriations, and dispensing with the second reading by title of this ordinance. 3'47 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 WaterPollution Control Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 14,183,531.00 WPCP - Design Services for Wet Weather Improvements (1-2)... 3,100,000.00 Revenues Due from Other Governments (3-6) ........................... 1,875,778.00 Retained Earnings Retained Earnings - Available for Appropriation (7) .............. 5,106,000.00 01) Appropriated from Other Governments 02) Appropriated from General Revenue 03) Due from City of Salem 04) Due from Roanoke County 05) Due from Botetourt County 06) Due from Town of Vinton 07) Retained Earnings - Available for Appropriation (003-510-8361-8999) (003-510-8361-9003) (003-1071) (003-1072) (003-1073) (003-1074) (003-3348) $1,674,000.00 1,426,000.00 186,000.00 775,000.00 558,000.00 155,000.00 (1,426,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 348 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36036-081902. A RESOLUTION authorizing a contract with Hazen and Sawyer, P.C., for engineering and consulting services for the design and development of plans, specifications, and bid documents necessary to provide improvements to the City's Regional Water Pollution Control Plant to control and treat high flows that eccur during wet weather, and related work. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Hazen and Sawyer, P. C., in the amount of $3,100,000.00for engineering and consulting services for the design and development of plans, specifications, and bid documents necessary to provide improvements to the City's Regional Water Pollution Control Plant to control and treat high flows that occur during wet weather, and related work, as described in the City Manager's letter to this Council dated August 19, 2002. 2. The form of the contract shall be approved by the City Attorney and shall be substantially similar to the contract attached to the City Manager's letter to this Council dated April 19, 2002. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 349 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36037-081902. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its tax-exempt obligations for certain moneys to be appropriated by the City for the City's share of expenditures in connection with improvements to the Regional Water Pollution Control Plant; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U.S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of its tax-exempt obligations in a principal amount currently estimated not to exceed $17,600,000 for certain moneys to be appropriated by the City from time to time for the City's share of expenditures in connection withthe Regional Water Pollution Control Plant. 2. The Council hereby determines that the appropriation authorized contemporaneously herewith is being made for a purpose for which the City is authorized to contract with respect to, and contemplated to be reimbursed from the proceeds of, tax-exempt obligations of the City. The maximum principal amount of tax-exempt obligations expected to be contracted for by the City in connection with the financing of the City's share of expenditures in connection with improvements to the Regional Water Pollution Control Plant is an amount currently estimated not to exceed $17,600,000. 3. This is a declaration of official intent adopted pursuant to U.S. Treasury Regulations, Section 1.150-2. This official intent is being made not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 4. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.2-3700 et seq., Code of Virginia, 1950. 350 adoption. This Resolution shall be effective on and after the date of its APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36038-081902. AN ORDINANCE adding a new Section 32-7, Delinquent Real Estate Taxes, to Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, requiring that real estate taxes be current before certain applications may be made to the City; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, be amended by the addition of a new Section 32-7, Delinquent Real Estate Taxes, to read and provide as follows: Section 32-7. Delinquent Real Estate Taxes. Pursuant to the provisions of Section 15.2-2286.B, Code of Virginia (1950), as amended, prior to the initiation of an application for, or final approval of, a special exception, a variance, or a rezoning pursuant to the provisions of Chapter 36.1, Zoning, of this Code, or for a building permit pursuant to the provisions of Chapter 7, Building Re~lulations, of this Code, or foran erosion and sediment control 351 or other land disturbing permit pursuant to the provisions of Chapter 11.1, Erosion and Sediment Control, of this Code, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the City which have been properly assessed against the subject property have been paid. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of August, 2002. No. 36039-081902. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003School Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education $ 41,530,945.00 Title I-Even Start Family Literacy Grant FY03 (1-7) ............ 125,000.00 352 Revenues Education 41,530,945.00 Title I-Even Start Family Literacy Grant FY03 (8) ................. 125,000.00 01) Compensation of Teachers 02) Compensation of Teacher Aides 03) Social Security 04) VRS Retirement 05) Medical Insurance 06) Professional Health Services 07) Other Professional Services 08) Federal Grant Receipts (030-061-6196-6000-0121 ) (030-061-6196-6000-0141 ) (030-061-6196-6000-0201 ) (030-061-6196-6000-0202) (030-061-6196-6000-0204) (030-061-6196-6000-0311 ) (030-061-6196-6000-0313) (030-061-6196-1102) $ 79,297.00 3,347.00 5,929.00 10,014.00 6,413.00 1,000.00 19,000.00 125,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 353 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36040-081902. A RESOLUTION canceling the work session meeting of City Council scheduled to be held at 12:15 p.m., on September 30, 2002, and changing the date of the regular meeting of City Council scheduled to be held at 12:15 p.m. and 2:00 p.m., on Tuesday, October 1, 2002, to 12:15 p.m., and 2:00 p.m., on Thursday, October 3, 2002. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The work session meeting of City Council scheduled to be held at 12:15 p.m., Monday, September 30, 2002, is hereby CANCELED. 2. The meeting of City Council regularly scheduled to be held at 12:15 p.m. and 2:00 p.m., on Tuesday, October 1, 2002, is hereby rescheduled to commence at 12:15 p.m., and 2:00 p.m., on Thursday, October 3, 2002. 3. Resolution No. 35958-070202, adopted July 2, 2002, is hereby amended to the extent it is inconsistent with this resolution. 4. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to September 30, 2002, and at least seven days prior to the meeting of October 3, 2002. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 354 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36041-081902. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), asamended, and Sheet No. 122, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance by title. WHEREAS, Valley Pine Mortgage, Inc. has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 19,2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should berezoned as herein provided. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 122 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 355 A tract of land described as 0.010 acre tract part of Lot 1, Block 7, Mountainview, Official Tax Map No. 1221013 and a 0.204 acre tract part of Lots 11 and 12, Block 7, Mountainview, Official Tax Map No. 1221014 be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to LM, Light Manufacturing District, as set forth in the Petition filed in the Office of the City Clerk on June 6, 2002, and that Sheet No. 122 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36042-081902. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Valley Pine Mortgage, Inc., filed an application dated June 6, 2002, to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-of-way described hereinafter; and 356 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on August 19, 2002, after due and timely notice thereof as required by §30- 14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain portion of Virginia Avenue, S.W., from 13t~ Street, S.W., to Spottswood Avenue, S.W.; an alley lying between parcels bearing Official Tax Nos. 1221013 and 1221014; and an alley lying between parcels bearing Official Tax Nos. 1221203 and 1221207 be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement 357 which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights- of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that Valley Pine Mortgage, Inc., will have one (1) year from the date Hannah Circle is reopened to traffic to submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the rights-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights-of-way, as set forth above. BE IT FURTHER ORDAINED that the applicant shall deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance, signed, sealed and acknowledged, on behalf of Valley Pine Mortgage, Inc., being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if Valley Pine Mortgage, Inc., does not file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt within a period of six (6) months from the date of the filing of the subdivision plat with the Clerk of the Circuit Court for the City of Roanoke, then this ordinance shall be null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the closure of the subject rights-of-way is conditioned upon the following: 358 1. Valley Pine Mortgage, Inc., or its successors in interest,shall install decorative metal fencing which encloses Official Tax Nos. 1221013 and 1221014, and the portion of Virginia Avenue which is the subject of the application dated June 6, 2002, to close the subject rights-of-way, within two (2) years of the recordation nfthe subdivision plat referenced above. Such fencing shall not exceed eight (8) feet in height. 2. Valley Pine Mortgage, Inc., or its successors in interest, shall invest a minimum often thousand dollars and no cents ($10,000.00) in improvements to Official Tax Nos. 1221013, 1221014, 1221203, 1221207 and 1221201, within two (2) years of the recordation of the subdivision plat referenced above. Such investment may consist of improvements to any portion of Official Tax Nos. 1221013, 1221014, 1221203, 1221207 and 1221201, visible to the general public, including the exterior of the structure located on Official Tax No. 1221201. Evidence of the investment shall be in form acceptable to the Director of Economic Development for the City of Roanoke. 3. There will be no outdoor storage of any plumbing fixtures or household appliances in the portion of Virginia Avenue which is the subject of the application dated June 6, 2002, to close the subject rights-of-way, at any time. 4. If Valley Pine Mortgage, Inc., or its successors in interest, fail to comply with Condition Nos. 1 or 2, above, within the times permitted, Valley Pine Mortgage, Inc., or its successors in interest, shall forward to the Treasurer for the City of Roanoke ten thousand dollars and no cents ($10,000.00) for the value of the rights-of-way being closed,within thirty (30) days of the failure of Valley Pine Mortgage, Inc., or its successors in interest, to comply with such conditions. BE IT FURTHER ORDAINED that the City Clerk shall transmit an attested copy of this ordinance to Valley Pine Mortgage, Inc., 701 W. Church Street, Orlando, Florida 32802. BE IT FINALLY ORDAINED that pursuant to the provisions of '12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ACCEPTED and EXECUTED by the undersigned this day of ,2O 359 ATTEST: VALLEY PINE MORTGAGE, INC. Its By Its (Seal) COMMONWEALTH OF VIRGINIA § To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of , 20___, by , the , of Valley Pine Mortgage, Inc. "* My Commission expires: ATTEST: Mary F. Parker City Clerk APPROVED Notary Public Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36043-081902. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance by title. 360 WHEREAS, A Space, LLC has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, and C-2, General Commercial District, to C-3, Central Business District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by '36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 19, 2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land containing 1.34 acres consisting of five tracts of land described as Tax Map No. 1113305, 505 Sixth Street, S.W., Tax Map No. 1113501, 0 Luck Avenue, S.W., Tax Map No. 1113502, 0 Luck Avenue, S.W., are hereby rezoned from LM, Light Manufacturing District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on June 5, 2002, and that Sheet No. 111 of the Zone Map be changed in this respect; and Tax Map No. 1113312, 0 Marshall Avenue, S.W., and a portion of Tax Map No. 1113313, 0 Marshall Avenue, S.W., are hereby rezoned from C-1, Office District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on June 5, 2002, and that Sheet No. 111 of the Zone Map be changed in this respect. 361 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36044-081902. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 301, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Cesar Dominguez, has made application to the Council of the City of Roanoke to repeal and replace proffered conditions set forth in Ordinance No. 35817-041502 presently binding on Official Tax No. 3012801, with new proffered conditions; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 19, 2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed; and 362 + WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the proffers currently binding on the subject property be amended as herein provided. that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. Section 36.1-3, Code of the City of Roanoke (1979), as amertded, and Sheet No. 301 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That the proffers currently binding on that tract of land lying in the City of Roanoke, located at 325 Jefferson Street, N. E., and designated on Sheet No. 301 of the Sectional 1976 Zone Map, City of Roanoke, known as Official Tax No. 3012801, pursuant to Ordinance No. 35817-041502, be repealed and replaced with the proffers contained in the First Amended Petition filed in the Office of the City Clerk on July 29, 2002, that Ordinance No. 35817-041502 be amended in this respect, and that Sheet No. 301 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter. the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 363 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36045-081902. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Cape Town, L.C. and Steven W. Morris, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-Family District, to C-1, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 19, 2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be h,~ard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 364 That two tracts of land lying in the City of Roanoke, located on the southwest side of Roberts Road, S.W., and designated on Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1290211 and 1290212, be, and are hereby rezoned from RS-3, Residential Single Family District, to C-1, Office District, subject to the proffers contained in the Fourth Amended Petition filed in the Office of the City Clerk on July 29, 2002, and that Sheet No. 129 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36046-081902. AN ORDINANCE accepting the bid of Warehouse Row, L.P., to lease, renovate and equip certain City owned buildings located at 117 and 119 Norfolk Avenue, S. W., (Buildings) for a term of 40 years, upon certain terms and conditions, and authorizing the City Manager to execute such a Lease Agreement, which will also provide for the lease of or otherwise providing for parking spaces on property owned bythe City and located at 117 - 123 Salem Avenue, S. W.; authorizing the City Manager to execute a further agreement among the City, Warehouse Row, L. P.(WR), Warehouse Row, L.L.C., as General Partner (GP), Warehouse Row Lending, L.L.C. 365 (WRL), Carilion Health System (Carilion), and Roanoke Valley Development Corporation (RVDC) and/or other parties as may be necessary, that will provide for a recapture of the investment to be made by some or all of such parties in connection with the lease, renovation and equipping of the Buildings,and which agreement will include a provision for the possible future sale of the Buildings; authorizing the City Manager to take such further action and to execute such fu,ther documents as may be necessary to implement and administer such lease and/or agreements; and dispensing with the second reading by title of this ordinance. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution of an agreement to lease, renovate and equip the Buildings; and WHEREAS, the City advertised a public hearing to be held on any such bids received, which hearing was held on July 1, 2002, and July 15, 2002, and continued generally at those times; and WHEREAS, on July 1,2002, WR submitted a bid to the City for leasing, renovating and equipping the Buildings, and no other bids were made to the City for such purposes; and WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with the bidder (WR) as to the terms and conditions for a lease and/or agreement; and WHEREAS, negotiations between the City Manager and WR have resulted in drafts of a Lease Agreement and a Recapture of Investment Agreement, the latter of which includes four additional parties required for WR's financing of the project; and, WHEREAS, the City Manager recommends that Council accept the bid of WR and approve the execution of the two agreements mentioned above, which are attached to the City Manager's letter to Council dated August 19, 2002; and WHEREAS, the City advertised on August 12, 2002, a public heari'~g to be held on August 19, 2002, for consideration of awarding a lease and/or agreement between the City and Warehouse Row L. P. (WR) and that the City would also consider the possible lease of all or part of City owned property located at 117 - 123 Salem Avenue, S. W., Official Tax Map Nos. 1010409, 1010410 and 1010411 for use as parking spaces, in connection with such lease of the Buildings, for an initial term of five years; and 366 WHEREAS, Council held a public hearing on these matters at its meeting on August 19, 2002, at which all persons were accorded a full and fair opportunity to comment on such matters. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council concurs in the City Manager's recommendation and that the acceptance of WR's bid and the award of a lease to WR, subject to the terms negotiated by the City Manager, and authorizing the City Manager to execute a Lease Agreement and Recapture of Investment Agreement, substantially similar to the ones attached to the abovementioned City Manager's letter, will be in the best interest of the City in connection with attempting to develop the Buildings and promoting economic development in downtown Roanoke. 2. City Council accepts the bid of Warehouse Row, L.P., subject to the terms negotiated by the City Manager, to lease, renovate and equip the City owned buildings located at 117 and 119 Norfolk Avenue, S.W., for a period of 40 years, upon WR's commitment to provide for an investment of approximately $1.7 million in renovations to and equipping of the Buildings so that such Buildings may be used for subleases by tenants in order to create tax revenue for the City and enhance economic development of the area, and upon such other terms and conditions as the City Manager may deem appropriate and agrees to, is hereby ACCEPTED, and Council hereby makes such award of a Lease Agreement to Warehouse Row, L.P., which also includes providing parking spaces, with the number of parking spaces to be determined by the parties, on all or part of City owned property located at 117 - 123 Salem Avenue, S. W., Official Tax Map Nos. 1010409, 1010410, and 1010411, to WR or its sublessees for use as parking spaces, in connection with the lease of the Buildings, for an initial term of five years, upon such terms and conditions as the City Manager agrees to and deems appropriate. 3. The City Manager and the City Clerk are authorized to execute and attest, respectively, a Lease Agreement between the City and Warehouse Row, L. P., as mentioned above and as further set forth in the above-mentioned City Manager's letter to this Council. 4. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a Recapture of Investment Agreement among the City, Warehouse Row, L. P., Warehouse Row, L.L.C., as General Partner, Warehouse Row Lending, L.L.C., Carilion Health System and Roanoke Valley Development Corporation and/or other parties as may be necessary, upon such terms and conditions as the City Manager may deem appropriate and agree to, and which Agreement is necessary for WR's financing of the project, and which Agreement provides for the possible sale of the Buildings upon the request of certain of the parties. 367 5. The form of the Lease Agreement and the Recapture of Investment Agreement mentioned above will be approved by the City Attorney and such Agreements will be substantially similar to the ones attached to the abovementioned City Manager's letter. 6. The City Manager is authorized to take such further action and/or execute such additional documents as may be necessary to implement and administer each of the various agreements mentioned above. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36047-081902. AN ORDINANCE authorizing the vacation of an easement on property identified as Official Tax Map No. 4200901 located on Gum Spring Street, S.E., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 19, 2002, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. 368 that: THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary documents to vacate said easement upon the terms and conditions set forth in the City Manager's letter to this Council dated August 19, 2002. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2002. No. 36048-081902. AN ORDINANCE authorizing the proper City officials to enter into a Lease Agreement between the City and Cellco Partnership, a Delaware general partnership, d/b/a Verizon Wireless, for use of a portion of a City owned water tank and the site on which it sits, which is located in the 4100 block of Wyoming Avenue, Tax Map No. 2770406, known as the Washington Heights Water Tank, and which will provide that Cellco Partnership will use such area for the placement, operation, and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions; authorizing the City Manager to take such further action and execute such additional documents as may be necessary to implement and administer such Lease Agreement; and dispensing with the second reading by title of this ordinance. 369 WHEREAS, the Council of the City of Roanoke has held a public hearing on this matter, after proper advertisement as are required by §15.2-1800, etseq., Code of Virginia (1950), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a Lease Agreement between the City and Cellco Partnership, a Delaware general partnership, dlbla Verizon Wireless, for the use of a portion of a City-ovmed water tank known as the Washington Heights Water Tank, and the site upon which it is located, which is in is located in the 4100 block of Wyoming Avenue, bearing Tax Map No. 2770406, with such use being for the placement, operation, and maintenance of personal communication system antennas and related equipment for a period to commence on September 1, 2002, and to run through July 31, 2007, with up to two five-year renewals upon mutual agreement of the parties and with a rental rate per month as follows: $1,000.00/month from September 1, 2002, through December l, 2002; $1,325.001month from January 1, 2003, through December 31, 2003; $1,550.00/month from January 1, 2004, through December 31, 2004; $1,675.00/month from January 1, 2005, through July 31, 2007; and upon such other terms and conditions as may be deemed appropriate by the City Manager, as more particularly set forth in the City Manager's letter to City Council dated August 19, 2002. 2. The City Manager is authorized take such further actions and execute such additional documents as may be necessary to implement and administer such Lease Agreement. 3. Pursuant to Section 12 of the City Charter, the second reading o.f this ordinance by title is here by dispensed with. APPROVED Mary F. Parker Ralph K. Smith City Clerk Mayor 370 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 2002. No. 36049-090302. A RESOLUTION approving a financing by the Industrial Development Authority of Craig County for the benefit of YMCA OF ROANOKE VALLEY, INC. to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and concurring with the inducement resolution of said Authority with respect thereto. WHEREAS, the Industrial Development Authority of Craig County (the "Authority") has considered the application of YMCA OF ROANOKE VALLEY, INC. (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount not to exceed $9,800,000 (the "Bonds") to assist in the financing of the construction, renovation and equipping of two YMCA facilities (collectively, the "Project"), which (a) will be located at the intersection of Fifth Street, S.W., and Luck Avenue, on the southeast corner thereof, in the City of Roanoke, Virginia (the "City") and contain approximately 40,000 square feet, and to additionally include the old Jefferson High School gymnasium (the "Gym") located adjacent thereto at 522 Church Avenue, S.W., in the City, which contains approximately 15,000 square feet, and (b) will be located at 1126 Kime Lane in the City of Salem, Virginia ("Salem") and contain approximately 55,000 square feet, and which will be owned and operated by the Borrower (except that the Gym will be owned by the City and is expected to be leased to and operated by the Borrower, if the City and the Borrower agree upon mutually satisfactory lease terms), and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the City Council of the City (the "Council") approve the financing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f)of the Internal Revenue Code of 1986, as amended; Virginia: THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, 371 1. The Council approves the financing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing of the Project. The Council concurs with the resolution adopted by the Authority on August 13, 2002, with respect to the Bonds and the Project. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the City, Salem, Craig County (the "County") and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City, Salem, the County and the Authority, shall be pledged thereto. 3. The adoption of this Resolution shall in no way obligate the City to lease the Gym to the Borrower. 4. This Resolution shall take effect immediately upon its adoption. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 372 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 2002. No. 36050-090302. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Projects Fund Appropriations Nondepartmental $ $1,000,000.00 Transfers to Other Funds (1) ........................ 1,000,000.00 Fund Balance Fund Balance Available for Appropriation (2) ............ 1,141,488.00 School Capital Projects Fund Appropriations Education 26,238,375.00 School Transportation Facility (3) ..................... 1,000,000.00 Revenues Miscellaneous 1,000,000.00 Transfer from Capital Projects Fund (4) ................ 1,000,000.00 373 1) Transfer to School (008-530-9712-9531) Capital Projects Fund $1,000,000.00 2) Other Fund Balance Balance Available (008-3349) (1,000,000.00) 3) Appropriated from General Revenue (031-060-6065-6896-9003) 1,000,000.00 4) Transfer from Capital Projects Fund (031-060-6052-1237) 1,000,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 2002. No. 36051-090302. AN ORDINANCE accepting the bid of John T. Morgan Sheet Metal Company, Incorporated, for roof replacement of the fourth floor and the fifth floor mechanical room of the Municipal Building South, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 374 1. The bid of John T. Morgan Sheet Metal Company, Incorporated, in the amount of $125,893.00 for roof replacement of the fourth floor and the fifth floor mechanical room of the Municipal Building South, as is more particularly set forth in the City Manager's Letter dated September 3, 2002, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Division, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 375 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 2002. No. 36052-090302. A RESOLUTION authorizing the execution of a contract and related documents with Delta Dental Plan of Virginia to provide group dental insurance for employees of the City and members of their families. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute a contract with Delta Dental Plan of Virginia, for group dental insurance for a term of three years beginning January 1, 2003, and ending December 31, 2005, and any other necessary and appropriate documents setting forth the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Delta Dental Plan of Virginia and described in a letter to Council by the City Manager dated September 3, 2002. 2. Said contract shall be delivered, if possible, to the City not later than December 15, 2002, fully executed by Delta Dental Plan of Virginia and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 376 .... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 2002. No. 36053-090302. AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Robinson Pipe Cleaning Company for removing, transporting and disposing of digested lagooned bio-solids from the City's Water Pollution Control Plant; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendmen[ to a contract dated August 2, 1999, with Robinson Pipe Cleaning Company extending such contract for removing, transporting and disposing of digested lagooned bio- solids from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $89.66 per dry ton, with a minimum of 8,000 dry tons of bio-solids and a maximum of 10,000 dry tons of bio-solids during the period of October 1, 2002 through September 30, 2003, for a minimum amount of $717,280.00 and a maximum amount of $896,600.00, as more particularly set forth in the letter of the City Manager to Council dated September 3, 2002. The form of the amendment shall be approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 377 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 2002. No. 36054-090302. A RESOLUTION (i) stating the intent of the City of Roanoke, Virginia (the "City") to issue "qualified zone academy bonds" and other debt obligations to finance the rehabilitation, repair and/or equipping of the present school building at Lincoln Terrace Elementary School; and (ii) authorizing and directing publication of a notice of public hearing to be held in connection with the proposed qualified zone academy bond issuance. WHEREAS, pursuant to a resolution adopted on October 9, 2001, the School Board (the "School Board") for the City has determined that it is necessary to rehabilitate, repair and/or equip Lincoln Terrace Elementary School (the "Project"); and WHEREAS, in order to finance the Project, the City reasonably expects to issue debt obligations; and WHEREAS, the City intends to issue a portion of the debt obligations for the project as "qualified zone academy bonds" within the meaning of Section 1397E of the Internal Revenue Code; and WHEREAS, in Resolution No. 35606-101801, adopted October 18, 2001, the Council of the City authorized the School Board to undertake the Project and authorized and directed the City Manager or an Assistant City Manager to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds pursuant to the Public Finance Act and Section 1397E of the Internal Revenue Code in an amount not to exceed $1,100,000.00 (the "QZA Bonds") to finance a portion of the cost of the Project; and WHEREAS, the City has obtained an allocation from the Virginia Department of Education of authority to issue the City's QZA Bonds in a principal amount of $800,000; and WHEREAS, under Section 15.2-2606, a public hearing is required before the QZA Bonds may be issued; 378 BE IT RESOLVED by the Council of the City of Roanoke that: 1. In accordance with U.S. Treasury Regulations § 1.1397E-IT(h) and § 1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City. The maximum principal amount of QZA Bonds expected to be issued for the Project is $800,000, and the maximum principal amount of other debt (exclusive of the QZA Bonds) expected to be issued for the Project is $1,300,000. 2. This is a declaration of official intent under U.S. Treasury Regulations § 1.1397E-IT(h) and § 1.150-2. 3. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of hearing in connection with the proposed QZA Bonds to be held on October 15, 2002. 4. This resolution shall take effect immediately. The foregoing resolution was adopted by the following recorded vote: Ralph K. Smith, Mayor C. Nelson Harris, Vice-Mayor William D. Bestpitch William H. Carder M. Rupert Cutler Alfred T. Dowe, Jr. Linda F. Wyatt AYE NAY APPROVED ATTEST: ~ Mary F. Parker Ralph K. Smith City Clerk Mayor 379 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 2002. No. 36055-090302. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on December 7, 2002, in Salt Lake City, Utah, and any Business Meetings in connection with such Conference, William H. Carder, Council Member, is hereby designated Voting Delegate, and M. Rupert Cutler, Council Member, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia. 2. Mary F. Parker, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. Mary F. City Clerk APPROVED Ralph K. Smith Mayor 380 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36056-091602. A RESOLUTION commending the Sorensen Institute for Political Leadership and the Virginia Ethics Forum for their initiative and work on the Codes of Conduct Project in Virginia. WHEREAS, the Sorensen Institute for Political Leadership (SIPL) and the Virginia Ethics Forum (VEF) are non-partisan, non-profit organizations dedicated to improving governance in Virginia; WHEREAS, SIPL AND VEF have joined together for the Codes of Conduct Project which encourages Congressional candidates to develop and sign a Code of Conduct; WHEREAS, a Code of Conduct is a set of standards based on values such as honesty and respect intended to eliminate attack-oriented campaigning; WHEREAS, a Code of Conduct is good for democracy because it encourages civil dialogue between candidates and allows the public to focus on issues rather than personal attacks; WHEREAS, the November 2002 election cycle is the first time the Codes of Conduct Project has encouraged candidates to develop a Code of Conduct on a large scale in Virginia; and WHEREAS, the Codes of Conduct Project has received endorsements from diverse organizations from across the Commonwealth including the Virginia Chamber of Commerce, the Virginia Bar Association and the Woman Activist Fund, Inc. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 381 1. That this Council commends the Sorensen Institute for Political Leadership and the Virginia Ethics Forum for their initiative and work on the Codes Project in Virginia. 2. The City Clerk is directed to forwardattestedcopies of this resolution to Ms. Amy Spitler at the Sorensen Institute for Political Leadership and to Mr. Bill Cundiff at the Virginia Ethics Forum, as an expression of City Council's admiration for their vision, good works and sustained commitment to the future of the Commonwealth of Virginia. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36057-091602. A RESOLUTION expanding the Melrose rehabilitation district in the vicinity of the Melrose-Rugby Neighborhood. WHEREAS, on September 13, 1982, City Council established the Melrose rehabilitation district in the vicinity of the Melrose-Rugby Neighborhood by Resolution No. 26217; 382 WHEREAS, the Melrose rehabilitation district in the vicinity of the Melrose-Rugby Neighborhood is adjacent to a conservation area embraced by, and included in, the Harrison Conservation Plan which City Council approved on November 10, 1980, by Resolution No. 25373; WHEREAS, the Melrose rehabilitation district and the conservation area are delineated on a map attached to this resolution; and WHEREAS, pursuant to the provisions of §36-52.3, Code of Virginia (1950), as amended, City Council finds thatthe portion of the City described below and adjoining the Melrose rehabilitation district is deteriorating, and that if such portion is not rehabilitated, such portion of the City of Roanoke is likeiy to deteriorate to a condition similar to that which exists in the conservation area embraced by, and included in, the Harrison Conservation Plan; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, in light of these findings, and the information conveyed to City Council in the City Manager's letter dated September 16, 2002, that the Melrose rehabilitation district be and it is hereby expanded to include the following area: The beginning point being located at the intersection of the northern right-of-way line of Grayson Avenue, NW, and the western right-of-way line of 10th Street, NW, and proceeding north along the western right-of-way line of 10th Street, NW, to its intersection with the southern line of Andrews Road, NW; Then proceeding west along the southern right-of-way line of Andrews Road, NW, to its intersection with the property line of tax parcel 2240102, and proceeding along the northern property line of said parcel for its entire length; Then continuing north along the northern property line of tax parcel 2240201, across Norris Drive, NW, and along the northern property line of tax parcels 2240111,2241229, and 2360101, to its intersection with the southwestern right-of-way line of Interstate 581; 383 Then proceeding northwest along the southwestern right-of-way line of Interstate 581, to a point of intersection with the western property line of tax parcel 2360101; Then proceeding south along the western property line of tax parcels 2360101,2350101,2350103, and 2350105, to a point of intersection with the northern property line of tax parcel 2350503; Then proceeding west along the northern property line of tax parcel 2350503, across Leon Street, NW, and along the northern property lines of tax parcels 2350413, 2350412, 2350411,2350410, 2350409, 2350408, and 2350401, to a point of intersection with the southern right-of-way line of Sherman Drive, NW; Then proceeding west along the southern right-of-way line of Sherman Drive, NW, to its intersection with the eastern right-of-way line of Cove Road, NW; Then proceeding north along the eastern right-of-way lineof Cove Road, NW, to its intersection with the eastern right-of-way line of Lafayette Boulevard, NW; Then proceeding south along the eastern right-of-way line of Lafayette Boulevard, NW, to its intersection with the northern right-of-way line of Florida Avenue, NW; Then proceeding east along the northern right-of-way line of Florida Avenue, NW, to its intersection with the northern right-of-way line of Andrews Road, NW; Then proceeding east along the northern right-of-way line of Andrews Road, NW, to its intersection with the eastern right-of-way line of 16th Street, NW; Then proceeding south along the eastern right-of-way line of 16th 'Street, NW, to its intersection with the northern right-of-way line of Syracuse Avenue, NW; 384 Then proceeding east along the northern right-of-way line of Syracuse Avenue, NW, to its intersection with the eastern right-of-way line of 14th Street, NW; Then proceeding south along the eastern right-of-way line of 14th Street NW, to the eastern right-of-way line of Rugby Boulevard, NW; Then proceeding south along the eastern right-of-way line of Rugby Boulevard, NW, to its intersection with the northern right-of-way line of Grayson Avenue, NW; Then proceeding east along the northern right-of-way line of Grayson Avenue, NW, to its intersection with the western right-of-way line of 10th Street, NW, the point of beginning. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 38__5_ X '0 386 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36058-O91602. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by the addition of a new Chapter 32.1, Technology Zone,to provide for the establishment of a technology zone within the City to provide certain incentives for certain qualified businesses; and dispensing with the second reading by title of this ordinance. WHEREAS, pursuant to the authority provided by §58.1-3850, Code of Virginia (1950), as amended, City Council is authorized to establish, by ordinance, one or more technology zones; and WHEREAS, the Council of the City of Roanoke finds that creation of a technology zone will enhance economic development within the City. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new Chapter 32.1,Technology Zone, which will read and provide as follows: CHAPTER 32.1 TECHNOLOGY ZONE §32.1-1. Purpose and intent. City Council finds that the creation of a local technology zone, with incentives for economic growth, as authorized by §58.1- 3850, Code of Virginia (1950), as amended, will foster the development, maintenance and expansion of commercial and industrial businesses engaged in technological research and design and those using technologically advanced products for the benefit of the public health, safety, welfare and convenience through the enhancement of public revenues and the creation of employment opportunities. 387 §32.1-2. Administration. This chapter shall be administered and enforced by the city manager. The city manager shall promulgate and publish the procedures for obtaining the benefits created by this chapter and shall be further responsible for determining whether a business is a qualified technology business or a qualified zone resident and, when necessary, shall interpret the extent and boundary of the technology zone as set out in §32.1-4 below, which determinations shall be final. §32.3. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings subscribed below, unless clearly indicated to the contrary: Base year means the calendar year preceding the first calendar year a business firm has been certified as a qualified technology business. Business firm or firm means any corporation, partnership, electing small business (subchapter S) corporation, limited liability company or sole proprietorship authorized to conduct business in the Commonwealth of Virginia. The term "business firm" or "firm" does not include organizations which are exempt from State income tax on all income except unrelated business taxable income as defined in the Internal Revenue Code, §512; nor does it include homeowners associations as defined in the Internal Revenue Code,§528. Employee of a zone firm means a person who is on the payroll of a firm within the technology zone and who is required to report to work in the technology zone. Equivalent full-time job position means a position filled by two employees who work a minimum combined total of 35 hours per week to equal one full-time job position, as defined below. Seasonal, temporary, leased or contract labor positions, or positions whose job function is shifted from an existing location in the City to a business firm located in the technology zone, shall not qualify as an equivalent full-time job position. 388 Existing business means one that was actively engaged in the conduct of trade or business in the City prior to an area being designated as a technology zone. Full-time job position means a position filled by an employee who is employed in such a position for an indefinite duration at a business firm located in a technology zone and is required to work a minimum of thirty-five (35) hours per week for the entire year, in which the normal year must consist of at least forty-eight (48) weeks. Seasonal, temporary, leased or contract labor positions, or positions whose job function is shifted from an existing location in the City to a business firm located in the technology zone, shall not qualify as full-time job positions. Grant year means the calendar year for which a qualified technology business applies for a technology zone incentive grant. New investment means the total actual costs spent, excluding interest, for new real property improvements, not including the purchase price of the real property and/or the addition of new business personal property for the firm's business. Provided, however, such real property improvements and additional business personal property must be subject to the City's real estate taxes and business personal property taxes (which includes tangible personal property and/or machinery and tools taxes). New business means a business not previously conducted in the City and that begins operation in a technology zone after the technology zone is designated. Qualified technology business means a technology business that has met the qualifications set forth in §32.1-5 of this chapter. Qualifying year means the calendar year a business firm has been certified as a qualifying technology business. 389 Qualified zone resident means an owner or tenant of real property located in the technology zone that expands, equips, or rehabilitates such property to provide sufficient facilities for the actual operation of a qualified technology business by such owner or tenant within the technology zone. Reporting to work means that the only physical location of the employee's workstation is within the technology zone and the full-time job position requires that the employee physically report to the technology zone workstation on a regular basis. Technology business means a business firm engaged in the activities of research, design, development, or manufacture of commodities, services or solutions used in factory automation, biotechnology, chemicals, computer hardware, computer software, computer systems, defense, energy, environmental, manufacturing equipment, advanced materials, medical, pharmaceuticals, photonics, subassemblies and components, test and measurement, telecommunications, and transportation. In no case will the use of computers or telecommunication services used by a business or a professional services firm in its administrative operations qualify the business firm as a technology business. Telecommunications shall mean internet, e-mail or similar services, but shall exclude voice telephone and facsimile communications except for the examples listed under the definition of a technology business. §32.1-4 Boundary of Technology Zone. There is hereby created a local technology zone within the City to be named "The City of Roanoke Technology Zone." The boundaries of the zone are respectively indicated on the official "City of Roanoke Technology Zone Map," filed in the Office of the City Engineer as Official City Plan #6513, and dated September 16, 2002. § 32.1-5. Qualifications. 390 (a) Existing Business. For an existing technology business firm to become a qualified technology business the firm must increase its average number of full-time job positions in the technology zone by at least ten percent (10%) over the base year, with any fractional number being rounded to the next whole number. In addition, the firm must make new added capital investment in the technology zone, which new investment will be established by the cost of the new business personal property and/or real estate improvements for the operation of the qualified technology business. The new investment must be at least twenty percent (20%) of the value of the qualified real estate and/or cost of the business personal property established during the base year. (b) New Business. For a new technology business firm to become a qualified technology business the firm must create a minimum of three (3) full-time job positions and make a minimum of new capital investment in the technology zone, which investment will be established by the cost of the new business personal property and/or new real estate improvements for the operation of the qualified technology business. The new added capital investment must result in a total new investment of $30,000 or more and does not include the cost of purchasing any such real estate. (c) Existing and New Business Firms. The following requirements shall apply to all firms seeking the incentives provided in this chapter: (i) Firms must be engaged in a technology business. (ii) Increases in new investment and new full-time job positions needed to qualify must occur within the same twelve (12) month period. (iii) The new investment shall be established by the cost of the new business personal property or new real estate improvements for the operation of the qualified technology business as set forth in the definition section. Any such assets owned by a business firm which are moved into a technology zone from another location within the City shall not be included in the increased new investment. 391 §32.1-6. Certification procedure. (a) A business firm seeking to become qualified as a technology business under this chapter must make application to the City's Department of Economic Development for initial certification as a qualified technology zone business. All applications shall be submitted annually to the City's Department of Economic Development no later than March 31 of the calendar year following the calendar year in which the business firm met the qualifications established in §32.1-5. Applications must be signed by an official representative of the business firm authorized to sign on the firm's behalf. (b) The City's Department of Economic Development will investigate and verify that each applicant is in compliance with the technology zone qualifications. §32.1-7. Technology zone incentive application procedure. A qualified technology business firm seekingto obtain the benefits provided under §32.1-8 of this chapter must make a second application to the Department of Economic Development prior to June 30 of the grant year. Grant(s) will be processed within ninety (90) days of submission. Technology zone incentive applications received after June 30 will not be eligible to receive technology zone benefits for that grant year. Applications shall indicate the number of full time job positions the firm has and the amount of real estate and business personal property taxes paid by the business firm during the base and qualifying years and shall include copies of paid receipts for all such taxes. In addition, applications shall indicate the amount of telecommunication connection fees paid by the qualified technology business. Applications must be signed by an official representative of the business firm authorized to sign on the firm's behalf. §32.1-8. Technology zone incentives. (a) Telecommunication Connection Fee Grant (i.e. Fiber Optics, Data). Qualified technology businesses may receive a one time telecommunication connection fee grant, equal to 50 % of the actual costs spent by such business to obtain telecommunication services to its location, but such grant will not exceed $1,000 per business. A qualified zone resident may also qualify for such a grant if the qualified 392 zone resident can demonstrate that one hundred (100) percent of the cost of the telecommunication connection is to accommodate a qualified technology business actually operating in such resident's facility. Such grants shall be awarded through a grant from the Industrial Development Authority of the City of Roanoke, Virginia (IDA). (b) Capital Investment Grants: (i) There is hereby established a capital investment grant which may be provided to qualified technology businesses. The grant will be based on the net increase in the taxes paid on new investment made within the technology zone. The capital investment grant will be calculated on the net qualifying increase in business personal property and real estate taxes actually paid by a qualified technology business. The grant will be equal to fifty (50) percent of the net increase in taxes actually paid by the technology business and which increase resulted from a qualified technology business' new investment in business personal property and/or real estate improvements. (ii) Grants will be administered through the Industrial Development Authority of the City of Roanoke, Virginia (IDA). The city manager shall be responsible for requesting appropriations from the City to be made available to the Industrial Development Authority of the City of Roanoke, Virginia (IDA) to meet anticipated grants. (iii) Regarding new capital investments acquired through capital leases, taxes paid on such items shall be eligible for the capital investment grant incentives only when the grant recipient has directly paid to the City applicable taxes for such items. (iv) For the purpose of calculating incentives, capital investment grants shall be calculated based on tax payments made during the calendar year for which benefits are sought. (c) The telecommunication connection fee grant and the capital investment grant set forth above are subject to the appropriation of such funds by City Council. 393 §32.1-9 Nonwaiver. Unless expressly stated herein, this chapter shall not be construed to waive the requirement of any ordinance, regulation or policy of the City, including, but not limited to, those ordinances, regulations and policies that require permits and approvals for land use and construction. Additionally, nothing in this chapter shall be construed as waiving the right of the City to enforce its ordinances, regulations or policies or to collect any taxes, fees, fines, penalties or interest imposed by law on a qualified technology business or qualified zone resident or upon real or personal property owned or leased by a qualified technology business or qualified zone resident. §32.1-10. Restrictions and Exclusions. (a) No qualified technology business or qualified zone resident may apply for or receive any incentives under this chapter on the basis of a building permit issued or construction commenced prior to the establishment of the technology zone in which the property lies. (b) The provisions of this chapter shall not be applicable to any entity that has a performance agreement of any type or an equivalent agreement with the City as of the date of the establishment of the technology zone. § 32.1-11 Zoning Ordinance not affected. This chapter is an economic development incentive and is not a zoning change. Nothing herein shall be construed to affect any zoning provision or requirement. §32.1-12 Effective dates. This chapter shall be effective on October 1, 2002, and shall terminate on September 30, 2012, pursuant to the ten-year limitation on local technology zones required by §58.1-3850, Code of Virginia (1950), as amended, unless sooner terminated by Council. 394 2. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36059-091602. AN ORDINANCE authorizing the donation of a certain City owned vehicle to Roanoke Emergency Medical Services (REMS), upon certain terms and conditions; authorizing the City manager to transfer title of said vehicle to REMS; and dispensing with the second reading of this ordinance by tile. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The donation of a City owned 1995 Chevrolet Caprice with over 80,000 miles is hereby made to REMS in accordance with the recommendation contained in the City Manager's letter to Council dated September 16, 2002. 2. The City Manager is authorized to sign the title to said vehicle over to REMS, and by the signing of this Ordinance below, REMS agrees to the conditions set out therein. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 395 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36060-091602. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety DCJS Project Lifesaver (1) ............................. $ 2,453,139.00 5,000.00 Revenues Public Safety DCJS Project Lifesaver (2) ............................. 2,453,139.00 5,000.00 01) Expendable Equipment 02) State Grant Receipts (035-640-3334~035) (035-640-3334-3338) $ 5,000.00 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 396 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36061-091602. A RESOLUTION authorizing the acceptance of the One Time Special Request Fund for Law Enforcement Agencies by the Commonwealth of Virginia Department of Criminal Justice and authorizing the execution of any required documentation of behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the city by the Commonwealth of Virginia Department of Criminal Justice of the One Time Special Request Fund for Law Enforcement Agencies in the amount of $5,000, such grant being more particularly described in the letter of the City Manager, dated September 16, 2002, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, including any documents providing for indemnification from the City that may be required for the City's acceptance of this grant, all such documents to be approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia Department of Criminal Justice in connection with the City's acceptance of this grant. APPROVED Mary F. Ralph K. Smith City Clerk Mayor 397 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36062-091602. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General and Fleet Management Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ........................... $ 69,631,566.00 68,679,905.00 Public Works Streets and Traffic (2) ................................ 25,649,717.00 4,069,262.00 Fleet Mana~lement Fund Ar~r)rol~riations Operating Fleet Management - Capital Outlay (3) ..................... 7,209,834.00 4,265,095.00 Revenues Transfer from General Fund (4) ............................ 928,002.00 01)Transfers to Fleet Management Fund 02) Other Equipment 03) Vehicular Equipment 04) Transfer from General Fund (001-250-9310-9517) (001-530-4110-9015) (017-440-2642-9010) (017-110-1234-0951) $(15,184.00) 15,184.00 (15,184.00) (15,184.00) 398 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36063-091602. A RESOLUTION accepting the bid of Old Dominion Brush Company, for the purchase of twelve (12) new Trailer Mounted Vacuum Leaf Collector Units, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Old Dominion Brush Company, to furnish twelve (12) new Trailer Mounted Vacuum Leaf Collector Units (Model LCT-650), at a total cost of $176,784.00, as set forth in the letter dated September 16, 2002, from the City Manager to this Council, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders for the purchase of such equipment, and the City Manager and the City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, any required purchase agreements with respect to the aforesaid equipment, such documents to be in form approved by the City Attorney. 399 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36064-091602. AN ORDINANCE accepting the bid of Lanford Brothers Company, Incorporated, for making various repairs to two (2) City bridges, 9th Street over Norfolk Southern Railway, and 5t~ Street over Norfolk Southern Railway, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Lanford Brothers Company, Incorporated, in the amount of $116,630.00 for making various repairs to two (2) City bridges, 9th Street over Norfolk Southern Railway, and 5th Street over Norfolk Southern Railway, as is more particularly set forth in the City Manager's letter dated September 16, 2002, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Division, be and is hereby ACCEPTED. 400 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36065-091602. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of a qualified service provider to operate the Rocwood Indoor Adventure Center; and documenting the basis for this determination. 401 WHEREAS, this Council finds that the use of the procurement method of competitive negotiation for the above mentioned services will allow for consideration of the factors of experience, qualifications, references, customer responsiveness, manpower allocation, financial management and quality of reports as related to the vendor and software design, platform, functionality, reliability and adaptability to interface which are of equal, if not greater, importance than the cost. WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke as follows: 1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and/or is not fiscally advantageous to the public for the reasons set forth above for the procurement of a qualified service provider to operate the Rocwood Indoor Adventure Center. 2. City Council directs that the procurement method known as competitive negotiation shall be used for the procurement of a qualified service provider to operate the Rocwood Indoor Adventure Center, as more fully set forth in the City Manager's Letter to this Council dated September 16, 2002. 3. This Resolution documents the basis for City Council's determination. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 402 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36066-091602. A RESOLUTION approving and authorizing the execution of the Blue Ridge Behavioral Healthcare FY 2003 Performance Contract, upon certain terms and conditions. WHEREAS, Section 37.1-194 of the Code of Virginia, 1950, as amended, requires every locality to establish a community service board to oversee the delivery of mental health, mental retardation and substance abuse services, and it is further required that the local governing body of a locality approve the Performance Contract; and WHEREAS, the City of Roanoke has established Blue Ridge Behavioral Healthcare pursuant to this statutory provision. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 2002/03 Performance Contract proposed to be entered into with the Blue Ridge Behavioral Healthcare Board and attached to the City Manager's letter dated September 16, 2002 is hereby APPROVED. 2. The City Manager is hereby authorized to execute any and all requisite documents to enter into the Performance Contract with the Blue Ridge Behavioral Healthcare Board. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 403 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36067-091602. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Roanoke Passenger Station Renovation (1) .................. $ 6,841,143.00 1,863,000.00 Fund Balance Reserved Fund Balance - Unappropriated Capital Projects Fund Interest Earning (2) .............................................. 265,311.00 01 )Appropriated from General Revenue 02) Reserved Fund Balance - Capital Projects Fund Interest Earnings (008-530-9900~003) (008-3325) $ 625,000.00 (625,000.00) Pursuant to the provisions of Section 12 of the City Charter, the ~cond reading of this ordinance by title is hereby dispensed with. Mary F. Parker City Clerk Ralph K. Smith Mayor 404 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36068-091602. A RESOLUTION authorizing the City Manager to execute, on behalf of the City of Roanoke, an Agreement between the City of Roanoke and Western Virginia Foundation for the Arts and Sciences ("WVFAS"). WHEREAS, the WVFAS is redeveloping the Roanoke Passenger Rail Station for use by the Roanoke Valley Convention and Visitors Bureau and the O. Winston Link Museum; WHEREAS, the City has budgeted and allocated $1,500,000.00 to assist in the redevelopment of the Roanoke Passenger Rail Station; WHEREAS, a formal agreement between the City of Roanoke and WVFAS, containing certain conditions, is required in order for the City to provide the remaining funds to WVFAS; and WHEREAS, the City is interested in continuing its support of the rehabilitation and renovation of the Historic Passenger Rail Station. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an Agreement between the City and Westem Virginia Foundation for the Arts and Sciences, as more fully set forth in the City Manager=s letter dated September 16, 2002, to Council. the above mentioned City Manager's letter, and shall be approved as to City Attorney. ATTEST: Mary F. City Clerk The Agreement will be substantially similar to the one attached to by APPROVED Ralph K. Smith Mayor 405 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36069-091602. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Fifth District Employment and Training Consortium Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Fifth District Employment and Training Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium $4,275,152.00 Administration (1-6) ...................................... 54,732.00 Adult Program (7-18) ..................................... 62,938.00 Dislocated Worker Program (19) ............................ 84,090.00 Community Development Block Grant Employment Training (20-26).. 25,000.00 Revenues Fifth District Employment and Training Consortium Administration (27) ........................................ Adult Program (28) ........................................ Dislocated Worker Program (29) ............................. Community Development Block Grant Employment Training (30).. $ 4,275,152.00 54,732.O0 62,938.00 84,090.00 25,0U0.00 01) Temporary Employees 02) Wages 03) Fringes 04) Travel 05) Supplies 06) Miscellaneous 07) Communication 08) Wages 09) Fringes 10) Travel (034-633-2300-6049) (034-633-2300-8050) (034-633-2300-8051) (034-633-2300-8052) (034-633-2300-8055) (034-633-2300-8060) (034-633-2361-8033) (034-633-2361-8050) (034-633-2361-8051) (034-633-2361-8052) $5,000.00 5,000.00 2,150.00 3,000.00 1,000.00 186.00 100.00 12,125.00 2,850.00 1,250.00 406 11) Program Communications 12) Program Supplies 13) Program Insurance 14) Program Leases 15) Miscellaneous 16) Support Services 17) Training 18) Subsidized Wages 19) Contractual Services 20) Wages 21) Fringes 22) Communication 23) Supplies 24) Insurance 25) Contractual Services 26) Support Services 27) Administration 28) Adult Program 29) 30) (034-633-2361-8053) (034-633-2361-8055) (034-633-2361-8056) (034-633-2361-8057) (034-633-2361-8060) (034-633-2361-8461) (034-633-2361-8500) (034-633-2361-8502) (034-633-2381-8057) (034-633-2387-8050) (034-633-2387-8051) (034-633-2387 -8053 ) (034-633-2387 -8055) (034-633-2887 -8056) (034-633-2387 -8057) (034-633-2387 -8461 ) (034-633-2300-2300) (034-633-2361-2361 ) Dislocated Worker Program(034-633-2381-2381) Community Development Block Grant (034-633-2387-2387) 250.00 750.00 200.00 5,000.00 113.00 8,500.00 30,000.00 1,800.00 84,090.00 15,146.00 3,804.00 500.00 250.00 150.00 1,100.00 4,050.00 16,336.00 62,938.00 84,090.00 25,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor 407 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36070-091602. A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED TWENTY-TWOMILLION DOLLARS ($22,000,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS TO DAVENPORT & COMPANY LLC, AS UNDERWRITER; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE AUTHORITY, AMONG OTHER THINGS, TO EXECUTE AND DELIVER TO SUCH UNDERWRITER A BOND PURCHASE CONTRACT BY AND BETWEEN THE CITY AND SUCH UNDERWRITER, TO DETERMINE THE AGGREGATE PRINCIPAL AMOUNT OF SUCH REFUNDING BONDS, THE MATURITY DATES OF SUCH REFUNDING BONDS AND THE PRINCIPAL AMOUNTS OF SUCH REFUNDING BONDS MATURING IN EACH YEAR, THE INTEREST PAYMENT DATES FOR SUCH REFUNDING BONDS AND THE RATES OF INTEREST TO BE BORNE BY SUCH REFUNDING BONDS, THE REDEMPTION PROVISIONS AND REDEMPTION PREMIUMS, IF ANY, APPLICABLE TO SUCH REFUNDING BONDS AND TO APPOINT AN ESCROW AGENT FOR THE BONDS TO BE REFUNDED FROM THE PROCEEDS OF SUCH REFUNDING BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO SUCH UNDERWRITER; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH REFUNDING BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH REFUNDING BONDS AND THE REFUNDING OF THE REFUNDED BONDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a)(i) Pursuant to Section 47 of the Charter of the City of Roanoke, Virginia (the "City"), an election duly called and held in the City on November 4, 1997, and Ordinances Nos. 33497-072197 and 33498-072197 adopted by this Council on July 27, 1997, there were authorized to be issued, sold and delivered general obligation bonds of the City in the principal amount of $39,030,000, for the purposes specified in such ordinances. 408 (ii)Pursuant to Resolution No. 34476-090799 adopted by this Council on September 7, 1999, the City authorized and approved the issuance and sale of a portion of the general obligation bonds referred to in Section l(a)(i) hereof, such bonds having been issued in the principal amount of $26,020,000, designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999A" (the "Series 1999A Bonds"), dated October 1, 1999 and maturing in varying principal amounts on October 1 in each of the years 2000 through 2017, both inclusive, and on October 1, 2019. (b)(i)Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), and Ordinance No 34255-041999 adopted by this Council on April 19, 1999, there were authorized to be issued, sold and delivered general obligation bonds of the City in the principal amount of $7,600,000, for the purposes specified in such resolution. (ii)Pursuant to the Public Finance Act of 1991 and Ordinance No. 34362- 062199 adopted by this Council on June 21,1999, there were authorized to be issued sold and delivered general obligation bonds of the City in the principal amount of $2,500,000, for the purposes specified in such resolution. (iii)Pursuant to Resolution No. 34476-090799 adopted by this Council on September 7, 1999, the City authorized and approved the issuance and sale of the general obligation bonds referred to in Section l(b)(i) and (ii) hereof, such bonds having been issued in the principal amount of $10,100,000, designated as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999B (the "Series 1999B Bonds"), dated October 1, 1999 and maturing in varying principal amounts on October 1 in each of the years 2000 through 2017, both inclusive, and on October 1, 2019. (c) This Council deems it advisable and in the best interest of the City to authorize and provide for the issuance, sale and delivery of an issue of general obligation public improvement refunding bonds for the purpose of providing for the refunding of all or a portion of $17,575,000 principal amount of the Series 1999A Bonds maturing on and after October 1, 2010 (the "Refunded 1999A Bonds")and all or a portion of $1,615,000 principal amount of the Series 1999B Bonds maturing on 409 and after October1,2010 (the "Refunded 1999B Bonds"). The Refunded 1999 A Bonds and the Refunded 1999B Bonds are hereinafter referred to collectively as the "Refunded Bonds". SECTION 2. (a) Pursuant to the Public Finance Act of1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds, there are hereby authorized to be issued, sold and delivered not to exceed Twenty-Two Million Dollars ($22,000,000) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a f~iven series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event later than July 1, 2020), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of 410 such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d)(i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty- fifth (4$th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by 411 law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4.(a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signat0r of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. 412 SECTION 5. (a)The principal of and premium, if any, and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section $ shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. 413 (g)(i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii)The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating ,with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the Underwriter (as such term is defined in Section 8(a). 414 (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Refunding Bonds at a negotiated sale to Davenport & Company LLC, as underwriter (the "Underwriter"), on or before February 28, 2003 at a price not less than ninety-five percent (95%) of the principal amount of the Refunding Bonds, plus accrued interest from the date of the Refunding Bonds to the date of delivery thereof and payment therefor; provided, however, that the Refunding Bonds may be sold to the Underwriter only if the refunding of the Refunded Bonds will result in net present value savings to the City of not less than $500,000 and a net present value savings ratio of not less than four percent (4%), in each case based on the debt service on the Refunded Bonds, and provided further in no event shall the underwriting compensation to the Underwriter exceed three-quarters of one percent (3~4 of 1%) of the principal amount of the Refunding Bonds. This Council hereby further authorizes the City Manager and the Director of Finance to execute and deliver to the Underwriter a Bond Purchase Contract relating to the sale of the Refunding Bonds by the City to the Underwriter in such form as shall be approved by the City Manager and the Director of Finance upon the advice of counsel (including the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by their execution and delivery thereof. The Refunding Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Refunding Bonds exceed five and one-half percent (5 1/2%) and provided further in no event shall the premium payable by the City upon the redemption of the Refunding Bonds exceed two percent (2%) of the principal amount thereof. 415 (b) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the Underwriter a Preliminary Official Statement and a final Official Statement relating the Refunding Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Refunding Bonds authorized hereunder is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securitie~ and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Refunding Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Refunding Bonds are hereby ratified and confirmed. SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Refunding Bonds and the Refunded Bonds. 416 (b)The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. (c) Subject to the sale and receipt of the proceeds of the Refunding Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10. The Refunding Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Refunding Bonds, shall be substantially the following forms, respectively, to-wit: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R-__$ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum 417 (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. ~ The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: 418 - Redemption Dates (Both Dates Inclusive) % to to and thereafter Redemption Prices (Percentages of Principal Amount) [The Bonds of the series of which this Bond is one maturing on __ are subject to mandatory sinking fund redemption on _, __ and on each __ thereafter and to payment at maturity on __, __ in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year ( ) Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement.] If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, sha!l be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be 419 redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other texes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond-do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City~ 420 -- IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facs!mile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the day of ,200_. [SEAL] Mayor Attest: City Treasurer City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within- mentioned proceedings. [ ], as Registrar By: Authorized Signator Date of Authentication: ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto Please print or type name and address, including postal zip code of Transferee) 421 PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond the and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: (Signature of Registered Owner) New York company NOTICE: Stock Signature(s) must be guaranteed by a member firm of The Exchange, Inc. or a commercial bank or trust (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 422 ,- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36071-091602. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General, School, and School Food Services Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003General, School, and School Food Services Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $70,338,561.00 Transfer to School Fund (1) ............................... 47,408,556.00 Fund Balance Reserved for CMERP- Schools (2) ........................... 31,719.00 SchoolFund Appropriations Education Title I School Improvement - Roanoke Academy 2002-03 (3-10) .......................... Academic Challenge/ Capital One 2002-03 (11) .................................. Smaller Learning Community - Patrick Henry High School 2002.05 (12-22) ................... Smaller Learning Community - William Fleming High School 2002.03 (23-28) .............. Facilities (29-36) ........................................ 145,482,620.00 108,367.00 2,700.00 335,262.00 $ 37,906.00 1,644,098.00 423 Revenues Education Title I School Improvement - Roanoke Academy 2002-03 (37) .... Academic Challenge/Capital One 2002-03 (38) ................. Smaller Learning Community - Patrick Henry High School 2002-05 (39) .................... Smaller Learning Community - William Fleming High School 2002-03 (40) .................. 144,790,809.00 108,367.00 2,700.00 335,262.00 37,906.00 Nonoperating Transfer from General Fund (41) ........................... 47,508,556.00 47,408,556.00 SchoolFood Services Fund Appropriations Education Facilities (42) ........................................... 4,536,552.O0 8,105.00 Fund Balance Fund Balance - Unappropriated (43) .......................... 281,343.00 01) Transfer to School Fund 02) Reserved for CMERP- Schools 03) Teacher Stipends 04) Professional Development 05) Instructional Assistants 06) Social Security 07) Transportation of Pupils 08) Parental Involvement 09) Other Charges 10) Instructional Supplies 11) Materials and Supplies 12) Teacher Stipends 13) Extended Contract/ Extra Duties (001-250-9310-9530) (001-3324) (030-061-6197-6000-0121) (030-061-6197-6000-0129) (030-061-6197-6000-0141) (030-061-6197-6000-0201) (030-061-6197-6000-0583) (030-061-6197-6000-0585) (030-061-6197-6000-0586) (030-061-6197-6000-0614) (030-061-6610-6102-0614) (030-062-6330-6100-0121) (030-062-6330-6100-0129) $ 691,811.00 (691,811.00) 47,520.00 2,000.00 20 196.00 5 181.00 21 470.00 I 500.00 $ 3 000.00 7 500.00 2 700.00 57 500.00 87,138.00 424 - 14) Social Security 15) State Retirement 16) Health Insurance 17) Indirect Costs 18) Contracted Services 19) Travel 20) Evaluation Services 21) Supplies 22) Stipends 23) Extended Contract/- Extra Duties 24) Social Security 25) Indirect Costs 26) Travel 27) Supplies 28) Stipends 29) Instructional Technology Equipment 30) Administrative Technology Equipment 31) Replacement of School Buses 32) Facility Maintenance Equipment 33) Physical Education Equipment 34) Grounds Services Equipment 35) Handicap Access 36) Roof Repairs 37) Federal Grant Receipts 38) Donations 39) Federal Grant Receipts 40) Federal Grant Receipts 41) Transfer from General Fund 42) Food Service Vehicle Replacement 43) Fund Balance - Unappropriated (030-062-6330-6100-0201 ) (030-062-6330-6100-0202) (030-062-6330-6100-0204) (030-062-6330-6100-0212) (030-062-6330-6100-0331 ) (030-062-6330-6100-0554) (030-062-6330-6100-0585) (030-062-6330-6100-0614) (030-062-6330-6100-0615) (030-062-6331-6100-0129) (030-062 -6331-6100-0201 ) (030-062-6331-6100-0212) (030-062-6331-6100-0554) (030-062-6331-6100-0614) (030-062-6331-6100-0615) (030-065-6006-6302-0806) (030-065-6006-6302-0806) (030-065-6006-6676-0808) (030-065-6006-6681-0821) (030-065-6006-6682-0829) (030-065-6006-6682-0829) (030-065-6006-6896-0829) (030-065-6006-6896-0809) (030-061-6197-1102) (030-061-6610-1103) (030-062-6330-1102) (030-062-6331-1102) (030-060-6000-1037) (032-065-6006-6788-0824) (032-3325) 20,923.00 2,428.00 3,380.00 3,870.00 36,900.00 13,023.00 45,000.00 56,100.00 9,000.00 23,843.00 6,199.00 407.00 2,570.00 1,270.00 3,617.00 143,747.00 14,250.00 112,344.00 323,638.00 5,863.00 36,000.00 7,929.00 48,040.00 108,367.00 2,700.00 335,262.00 37,906.00 691,811.00 8,105.00 (8,1o5.oo) 425 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36072-091602. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General, Civic Center, Parking, Capital Projects, and Fleet Management Funds Appropriations dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003General, Civic Center, Parking, Capital Projects, and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Safety Fire Operations (1) ..................................... Police Patrol (2) ........................................ $ 46,707,538.00 11,965,135.00 9,423,114.00 426 Public Works Building Maintenance (3) ................................ Transportation-Street Paving (4) .......................... Parks (5) .............................................. 24,942,581,00 3,831,286.00 2,703,339.00 2,929,772.00 Parks, Recreation and Cultural Libraries (6) ........................................... 4,810,029.00 2,269,455.00 Community Development Memberships and Affiliations (7-10) ....................... Citizens Service Center (11) ............................. Housing and Neighborhood Services (12) .................. 5,465,283.00 2,195,592.00 94,370.00 1,044,983.00 Nondepartmental Transfers to Other Funds (13-17) .......................... Contingency (18) ....................................... 73,683,187.00 70,669,112.00 1,483,051.00 Fund Balance Reserved Fund Balance Reserved for CMERP-City (19) ............................. Residual Equity Transfer (20) .............................. 5,155,196.00 '0' 159,801.00 Civic Center Fund Appropriations Capital Outlay New Ice Plant (21) ....................................... 4,827,500.00 200,000.00 Revenues Nonoperating Transfer from General Fund (22) ............................ $1,390,185.00 1,155,630.00 Parkin.q Fund 427 Appropriations Operations Market Square Parking Garage (23) ........................ Revenues Nonoperating Transfer from General Fund (24) ........................... Capital Projects Fund Appropriations Community Development Grandin Theater (25) ..................................... Downtown Historic Building Plaques (26) .................... Police Memorial (27) ...................................... General Government Building Inspection Program (28) ........................... Replace Municipal South Elevators (29) ...................... Market Building Improvements (30) ......................... Capital Improvement Reserve ............................... Capital Improvement Reserve (31-32) ........................ Revenues Nonoperating Transfer from General Fund (33) ............................. Fleet Management Fund Appropriations Operating Fleet Management-Capital Outlay (34) ....................... 2,556,421.00 274,019.00 145,450.00 145,450.00 6,332,643.00 180,000.00 10,000.00 96,500.00 13,171,005.00 151,300.00 150,000.00 173,121.00 8,605,186.00 1,515,269.00 2,041,663.00 2,041,663.00 $ 7,500,018.00 4,555,279.00 428 - Revenues Nonoperating Transfer from General Fund (35) ............................ 1,204,520.00 1,194,520.00 01) CMERP-Equ,pment Purchase 02) CMERP-Equ~pment Purchase 03) CMERP-Equ~pment Purchase 04) CMERP-Equlpment Purchase 05) CMERP-Equ~pment Purchase 06) CMERP-Equ~pment Purchase 07) Camp-VA Jaycee 08) VWCC 09) Center in the Square Roof 10) Higher Education Center Doors 11) CMERP-Equipment Purchase 12) CMERP-Equipment Purchase 13) Transfer to Fund 14) Transfer to Fund 15) Transfer to Capital Projects Fund 16) Transfer to Fleet Management Fund 17) Transfer to Grant Fund 18) Reserve Account (001-520-3213-9132) (001-640-3113-9132) (001-440-4330-9132) ( 001-530-4120-9132 ) ( 001-620-4340-9132 ) (001-650-7310-9132) (001-300-7220-3693) (001-300-7220-3710) (001-300-7220-3813) (001-300-7220-3814) (001-615-8112-9132) (001-615-8113-9132) Civic Center (001-250-9310-9505) Parking (001-250-9310-9507) (001-250-9310-9508) (001-250-9310-9517) (001-250-9310-9535) (001-300-9410-2197) $ 247,952.00 129,316.00 88,676.00 273,130.00 36,000.00 13,925.00 10,000.00 50,855.00 77,000.00 21,272.00 1,500.00 5,500.00 200,000.00 $115,000.00 1,284,023.00 275,000.00 100,000.00 2,062,414.00 19) Reserved for CMERP-City 20) Residual Equity Transfer 21) CMERP- Equipment Purchase 22) Transfer From General Fund 23) Maintenance- Buildings 24) Transfer From General Fund 25) CMERP-Equipment Purchase 26) CMERP-Equipment Purchase 27) CMERP-Equipment Purchase 28) CMERP-Equipment Purchase 29) CMERP-Equipment Purchase 30) CMERP-Equipment Purchase 31) Buildings and Structures 32) Economic Development 33) Transfer From General Fund 34) CMERP-Equipment Purchase 35) Transfer From General Fund (001-3323) (001-3337) (005-550-8622-9132) (005-110-1234-0951) (007-540-8215-2050) (007-110-1234-1037) (008-310-9737-9132) (008-310-9793-9132) (008-640-9902-9132) (008-052-9724-9132) (008-530-9792-9132) (008-530-9767-9132) (008-052-9575-9173) (008-052-9575-9178) (008-110-1234-1037) (017-440-2642-9132) (017-110-1234-0951 ) (4,682,589.00) (308,974.00) 200,000.00 200,000.00 115,000.00 115,000.00 80,000.00 10,000.00 26,500.00 11,300.00 150,000.00 130,000.00 576,223.00 $ 300,000.00 1,284,023.00 275,000.00 275,000.00 429 430 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: ~ ~MAij. ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 2002. No. 36073-091602. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General and Department of Technology Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General and Department of Techology Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund ADproDriations Nondepartmental Transfers to Other Funds (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70,031,566.00 69,079,905.00 Fund Balance Reserved for CMERP - City (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,026,228.00 Department of Technology ApproDriations GIS Study (3) .............................................. Cost Accounting Replacement Study (4) ....................... Internet and Intranet (5) ..................................... Information Technology Division (6) .......................... PC Replacement Program (7) ................................ DOT Client/Server Training (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CSA Network (9) ........................................... Computer Replacement - CMERP (10) ......................... Study Personal Property and Real Estate System (11) ............ MCMS for Outdoor Equipment (12) ............................ Print and Reservation System (13) ............................ Backflow Prevention System (14) ............................ Microsoft Excel (15) ........................................ Internet Access Management Software (16) .................... Firewall and VPN Access (17) ................................ Social Services Building (18) ................................ Upgrade Mainframe Operating System (19) ..................... New Mail Server for Internet Mail (20) .......................... Report Retrieval and Storage (21) ............................. Wireless Technology Study (22) .............................. Mobile Units for Fire/EMS (23) ................................ Palm Pilots for Field Staff (24) ................................ Mobile Units for Civil Process (25) ............................. Replace Broken Mobile Units (26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenues 431 832,058.00 139,000.00 454,000.00 3,617,530.00 503,170.00 70,000.00 175,000.00 50,000.00 200,000.00 25,000.00 25,860.00 4,685.00 40,000.00 15,000.00 17,000.00 140,000.00 75,000.00 25,000.00 40,000.00 25,000.00 12,500.00 35,000.00 12,500.00 $ 25,000.00 Nonoperating (27) ........................................... 842,179.00 Retained Earnings Retained Earnings Available for Appropriation (28) . . . . . . . . . . . . . . .. 746,417.00 01) Transfer to Department of Technology Fund (001-250-9310-9513) 02) Reserved for CMERP - City (001-3323) $400,000.00 (400,000.00) 432 03)Appropriated from General Revenue (013-052-9804-9003) 157,000.00 04)Appropriated from General Revenue (013-052-9841-9003) 100,000.00 05)Appropriated from General Revenue (013-052-9842-9003) 50,000.00 06) Equipment Rental/Lease (013-430-1601-3070) 55,455.00 07) Appropriated from General Revenue (013-430-9845-9003) 300,000.00 08)Appropriated from General Revenue (013-430-9850-9003) 20,000.00 09)Appropriated from General Revenue (013-430-9853-9003) 75,000.00 10)Appropriated from General Revenue (013-430-9855-9003) 25,000.00 11) Appropriated from General Revenue (013-430-9865-9003) 100,000.00 12) Appropriated from General Revenue (013-430-9871-9003) 25,000.00 13) Appropriated from General Revenue (013-430-9872-9003) 25,860.00 14) Appropriated from General Revenue (013-430-9873-9003) 4,685.00 15) Appropriated from General Revenue (013-430-9874-9003) 40,000.00 16) Appropriated from General Revenue (013-430-9875-9003) 15,000.00 17) Appropriated from General Revenue (013-430-9876-9003) $ 17,000.00 18) Appropriated from General Revenue (013-430-9877 -9003) 140,000.00 19) Appropriated from General Revenue (013-430-9878-9003) 75,000.00 20) Appropriated from General Revenue (013-430-9879-9003) 25,000.00 21) Appropriated from General Revenue (013-430-9880-9003) 40,000.00 22) Appropriated from General Revenue (013-430-9881-9003) 25,000.00 23) Appropriated from General Revenue (013-430-9882-9003) 12,500.00 433 24) Appropriated from General Revenue 25) Appropriated from General Revenue 26) Appropriated from General Revenue 27) Transfer from General Fund 28) Retained Earnings Available for Appropriation (013-430-9883-9003) (013-430-9884-9003) (013-430-9885-9003) (013-110-1234-1037) 35,000.00 12,500.00 25,000.00 400,000.OD (013-3348) (1,000,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ?\~1.~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36074-091602. A RESOLUTION endorsing the proposed issuance of general obligation bonds of the Commonwealth of Virginia relating to parks and recreational facilities, which will be considered by the electorate in a statewide referendum to be held on November 5, 2002, and encouraging the citizens of the Commonwealth to support this bond referendum. 434 WHEREAS, on November 5, 2002, Virginia voters will have an opportunity to approve a $119,040,000 general obligation bond referendum for State parks and recreational facilities; and WHEREAS, State park visitation has nearly doubled over the past decade - from 3.8 million visitors in 1991 to 7 million in 2001, over forty percent of whom are from out of State, enhancing Virginia's tourism, its second largest industry; and WHEREAS, voter approval of the bond referendum would improve cabins, campgrounds, facilities, visitor centers, road and trail improvements, shoreline erosion repairs, and other infrastructure, and finance the purchase of land for three new parks, additional land for eleven existing parks, and ten new natural preserves; and WHEREAS, Virginia's park system was named the best-run system in America in 2001, despite ranking 50th in terms of percentage of State budget spent on parks and 49th in per capita expenditures on State parks; and WHEREAS, the planned park and natural area protections and enhancements will serve to protect land, water and wildlife for generations of Virginians yet to come. NOW, THEREFORE, BE IT RESOLVED that the Roanoke City Council endorses the passage of the Parks and Recreational Facilities bond referendum and further encourages the citizens of the Commonwealth to support this referendum on the November 5, 2002, ballot. APPROVED A~~ .J.~ Mary F. Parker City Clerk Ralph K. Smith Mayor 435 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2002. No. 36075-091602. A RESOLUTION endorsing the proposed issuance of general obligation bonds of the Commonwealth of Virginia relating to higher education and museum facilities, which will be considered by the electorate in a statewide referendum be held on November 5, 2002, and encouraging the citizens of the Commonwealth to support this bond referendum. WHEREAS, on November 5, 2002, Virginia voters will have an opportunity to approve a $900,488,645general obligation bond referendum for higher education and museum facilities; and WHEREAS, the future of Virginia rests in the quality of our schools, and these bonds will pay for needed upgrades, renovations, modernizations, and new construction in our schools, museums and historical sites; and WHEREAS, over the next decade, an additional 32,000 qualified high school graduates are expected to enroll at our colleges, universities and community colleges, on top of the 325,000 students these institutions now serve; and WHEREAS, the Educational Facilities general obligation bond issue includes crucial funding to build laboratories for medical research and to modernize laboratory classrooms that are used to train health care workers; and WHEREAS, by providing funds for research laboratories and teaching facilities, the bond referendum will help Virginians have access to well- trained health care professionals and new, cutting edge treatments - and this means better health care for the citizens of Virginia; and WHEREAS, State-owned museums are valuable assets for partnering with schools to accomplish the Standards of Learning, for enhancing the economy through tourism and new business development, and for improving the quality of life for all Virginians; and 436 WHEREAS, State-owned museums are stewards of Virginia's artistic, historical and scientific heritage. They are not only interested in the past; they serve as catalysts for future scholarship, innovation and creativity; and WHEREAS, Virginians can enhance opportunities for future generations by supporting the Educational Facilities bond referendum that would finance capital improvement for universities, colleges and museums; and WHEREAS, voter support of this referendum would result in significant improvements to the state's educational facilities and museums, without a tax increase, as well as create jobs in corresponding communities. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke endorses the passage of the Educational Facilities bond referendum and further encourages the citizens of the Commonwealth to support this referendum on the November 5, 2002, ballot. APPROVED Ralph K. Smith Mayor 7h~},~ Mary F. Parker City Clerk 437 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of October, 2002. No. 36076-100302. A RESOLUTION endorsing a Percent-for-Art Program, and repealing Resolution No. 33077-081996, adopted on August 19,1996, which adopted cei1ain guidelines for the Percent-for-Art Program; and adopting new guidelines for the Program. WHEREAS, the inclusion of works of art and artistry in the City will enhance the aesthetic quality of public spaces and stimulate the vitality and economy of the City; and WHEREAS, by Resolution No. 33077-081996, adopted August 19,1996, City Council endorsed the Program and adopted certain guidelines for the Program, and at this time new guidelines need to be adopted and the abovementioned Resolution should be repealed; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. REPEALED. Resolution No. 33077 -081996, adopted August 19,1996, is hereby 2. City Council hereby approves and adopts the guidelines for a Percent-for-Art Program, dated October 3, 2002, and attached to the City Manager's report of October 3, 2002, in accordance with the recommendation contained in the report. 3. The City Manager is hereby authorized to promulgate regulations, not inconsistent with such guidelines, for the implementation of the Percent-for-Art Program. 438 4. Any procurement of art or artistry in connection with the Percent- for-Art Program shall be pursuant to the Virginia Public Procurement Act and Chapter 23.1, Procurement, Code of the City of Roanoke (1979), as amended. APPROVED Ralph K. Smith Mayor ATTEST: ~ ~ ~ J. r;,..IoA- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2002. No. 36077-100302. AN ORDINANCE authorizing execution of a Joint Powers Association Agreement, dated September 1, 2002, by and among the City and various local governments of the Commonwealth, for the purpose of formally establishing the Virginia First Cities Coalition, and approving the By-Laws of the Coalition, upon certain terms and conditions, and dispensing with the second reading of this ordinance. WHEREAS, several of the independent cities of Virginia ("Member" or collectively the "Members") have determined, respectively, that the joint advocacy of a legislative and public information agenda benefits each city and that formation of Virginia First Cities Coalition ("Virginia First Cities") is in the public interest; and WHEREAS, each Member is authorized by law to advocate a legislative and public information agenda ("Virginia First Cities Priorities") and take such oiher actions as necessary or appropriate for the benefit of its respective members; and 439 WHEREAS, political subdivisions ofthe Commonwealth of Virginia are authorized under the Code of Virginia 1950, as amended (the "Code") to exercise jointly powers that they otherwise are authorized to exercise independently, and such authorization is currently set forth in Sections 15.2-1300, et seq. of the Code, which provide that any power, privilege or authority exercised or capable of being exercised by a political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority except where express statutory procedure is otherwise provided for the joint enterprise; and WHEREAS, Code sections 15.2-1300, et seq. authorize two or more political subdivisions to enter into agreements with one another for such joint action and to appropriate funds and sell, lease, give or otherwise supply such property, personnel or services therefor as may be within their legal power to furnish; and WHEREAS, the Members, pursuant to the authority granted in Code sections 15.2-1300, et seq. or such similar authority as may from time to time be authorized under the Code, desire to create a joint powers association and associate as members hereunder with the assistance of the Consultant and Counsel for the purposes, among other things, of promoting the interest and welfare of the Members, and developing a closer relation among them; and WHEREAS, it appearing to the Council of the City of Roanoke that the Virginia First Cities Priorities pursuant to the Joint Powers Agreement is otherwise in the best interests of the City of Roanoke. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The formation of Virginia First Cities pursuant to the Joint Powers Agreement is hereby approved. 2. The Joint Powers Agreement and the performance of the terms and conditions thereof on behalf of the City of Roanoke are hereby authorized and approved. 3. The City Manager is hereby authorized and directed to execute and deliver the Joint Powers Agreement on behalf of the City of Roanoke in substantially the form attached to the City Manager's letter dated October 3, 2002. 4. The payment obligations of the City of Roanoke pursuant to the provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of requisite funds therefor by the Council of the City of Roanoke. 440 5. Pursuant to the provisions of 112 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: J'I A~ 1.~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of October, 2002. No. 36078-100302. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Medicaid Eligibility Worker FY 03 (1-7) . . . . . . . . . . . . . . . . $ 4,114,576.00 34,678.00 Revenues Health and Welfare Medicaid Eligibility Worker FY 03 (8-9) . . . . . . . . . . . . . . . . . 4,114,576.00 34,678.00 1) Regular Employee Salaries (035-630-5179-1002 $ 27,203.00 2) City Retirement 3) ICMA Match (035-630-5179-1105) (035-630-5179-1116) 1,700.00 650.00 441 7) Disability Insurance (035-630-5179-1120) (035-630-5179-1125) (035-630-5179-1126) (035-630-5179-1131 ) (035-630-5179-5179) $ 2,081.00 2,748.00 4) FICA 5) Health Insurance 6) Dental Insurance 202.00 94.00 8) Medicaid Eligibility Worker FY 03 - State 17,339.00 9) Medicaid Eligibility Worker FY 03 - Federal (035-630-5179-5180) 17,339.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ~~JL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2002. No. 36079-100302. A RESOLUTION authorizing the City Manager to execute, on behalf of the Department of Social Services, an Agreement between Roanoke City Department of Social Services, the State Health Department and the Virginia Department of Social Services for the continued services of an Eligibility Worker at the Health Department, upon certain terms and conditions. 442 WHEREAS, Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke City Health Department to ensure that all citizens have an opportunity to apply for Medicaid; WHEREAS, the services of the Eligibility Worker are beneficial to both citizens and the Health Department in that it respectively allows citizens requesting services from the Health Department to apply for Medicaid at the same time, thereby making the application process more accessible and efficient, while enabling the Health Department to maximize Medicaid revenue; and WHEREAS, this program is also beneficial to the Department of Social Services in that it is provided an eligibility worker at no cost for salary and benefits. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, a contract between Roanoke City Department of Social Services, the State Health Department, and the Virginia Department of Social Services for the continued services of an Eligibility Worker at the Health Department in accordance with the original agreement, upon such terms and conditions as more fully set forth in the City Manager's letter dated October 3, 2002, to Council. APPROVED Ralph K. Smith Mayor ATTEST: ~ A ~ J f'i.-I.- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2003. No. 36080-100302. A RESOLUTION authorizing execution of an agreement between the City and the Commonwealth of Virginia, Department of Transportation, and the Norfolk Southern Railway Company, said agreement relating to the installation of flashing light signals and short arm gates at the crossing of Norfolk Avenue. 443 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an Agreement between the Commonwealth of Virginia, Department of Transportation and the Norfolk Southern Railway, in a form approved by the City Attorney, relating to the installation of flashing light signals and short arm gates at the crossing of Norfolk Avenue, as more fully set forth in the City Manager's letter dated October 3, 2002, to Council. APPROVED Ralph K. Smith Mayor A7\~ 9.~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of October, 2002. No. 36081-100302. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety New Police Building Construction (1) . . . . . . . . . . . . . . . . . . . . Police Building Design (2) ............................. Police Building Design - Phase II (3) . . . . . . . . . . . . . . . . . . . . . $ 8,524,471.00 4,760,788.00 1,257,930.00 375,800.00 7,588,963.00 499,046.00 Capital Improvement Reserve Capital Improvement Reserve (4) ....................... 444 1) Appropriated from General Revenue (008-052-9563-9003) (008-052-9564-9003) $ ( 34,000.00) ( 201,800.00) 2) Appropriated from General Revenue 3) Appropriated from General Revenue (008-530-9567 -9003) (008-052-9575-9173) 375,800.00 ( 140,000.00) 4) Buildings and Structures Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A7\~ ~.~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2002. No. 36082-100302. A RESOLUTION authorizing a contract with Cederquist Rodriguez Ripley, P .C., d/b/a Rodriguez Ripley Maddux Motley, for architectural and engineering services for the Police Building Project - Phase II. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Cederquist Rodriguez Ripley, P .C., d/b/a Rodriguez Ripley Maddux Motley, in the amount of$345,000.00 for architectural and engineering services for the Police Building Project - Phase II, as described in the City Manager's letter to this Council dated October 3, 2002. 445 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's letter to this Council dated October 3, 2002. APPROVED Ralph K. Smith Mayor A~ ~ ;./L-- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of October, 2002. No. 36083-100302. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General and Grant Funds Appropriations dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections ofthe 2002-2003 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Safety $ Fire Operations (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46,520.086.00 11,777,683.00 Nondepartmental 73,870,639.00 Transfer to Grant Fund (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543,437.00 Grant Fund Appropriations Public Safety Assistance to Firefighters Grant (3) . . . . . . . . . . . . . . . . . . . . . . . 3,077,979.00 624,840.00 446 Revenues Public Safety $ 3,077,979.00 Assistance to Firefighters Grant (4-5) . . . . . . . . . . . . . . . . . . . . . 624,840.00 1) CMERP-Equipment Purchase (001-520-3213-9132) $ (187,452.00) 2) Transfer To Grant Fund Expendable Equipment (001-250-9310-9535) 187,452.00 3) < $5,000 (035-520-3342-2035) 624,840.00 4) Assistance to Firefighters Grant (035-520-3342-3344) 437,388.00 5) Assistance to Firefighters Grant Local Match (035-520-3342-3345) 187,452.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor A~ Mary F. Parker City Clerk !.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2002. No. 36084-100302. A RESOLUTION authorizing the acceptance of a certain Assistance to Firefighters Grant from the Federal Emergency Management Agency, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Federal Emergency Management Agency, an Assistance to Firefighters Grant in the amount of $437,388.00, with the City providing an additional 447 $187,452.00 in local match, such grant being more particularly described in the letter of the City Manager, dated October 3, 2002, upon all terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Federal Emergency Management Agency. APPROVED Ralph K. Smith Mayor A~~ 1~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2002. No. 36085-100302. A RESOLUTION declaring the educational funding CriSIS in the Commonwealth to be of paramount importance to the City, its residents and its school children. WHEREAS, studies undertaken by the Joint Legislative Audit and Review Commission (JLARC) in the late 1980's brought about dramatic changes in the formula used by the Commonwealth to finance K-12 education; WHEREAS, a November 2001, JLARC Report concluded that the methods used by the State to distribute funds for education severely understated the actual costs required to provide educational services throughout the Commonwealth; WHEREAS, the current Standards of Quality are outdated and do not reflect the actual educational practices of local school divisions; WHEREAS, the Commonwealth provided an estimated 43% of the revenues for K-12 education in 1999-00 while local governments provided 51%; 448 WHEREAS, the public schools' share of the State's General Fund revenues has fallen from 51 % in 1968-1970 to an estimated 32.7% in 2002-2004; WHEREAS, Virginia has the dubious distinction of possessing one of the most disparate systems of funding K-12 schools in the United States; WHEREAS, equity studies conducted in Virginia have confirmed that the quality of a child's education is primarily a function of the fiscal capacity of his or her community, and financial disparities are larger than before the finance system was restructured; WHEREAS, school finance research has shown consistently that it is virtually impossible for a state highly dependent on local fiscal support to achieve a high level of fiscal equalization among its local school divisions; WHEREAS, the new Standards of Accreditation and Standards of Learning have substantial fiscal ramifications which must be acknowledged and included in funding for K-12 education; WHEREAS, the State Commission on Educational Infrastructure identified needed public school construction projects totaling $8.2 billion over the next five years; WHEREAS, State funding for technology has been insufficient and unpredictable in past years; WHEREAS, a recent study by the Department of Education showed that the State paid 26% of the costs of Special Education in 1980-1999, with the federal government paying 9% and local government paying 65%; WHEREAS, a lack of funding support and guidance from the State has resulted in the decline of Virginia teacher salaries relative to the national average and to our neighboring states; WHEREAS, the JLARC study of K-12 education revealed flaws in the funding formula and a need to relate State standards to current education practices; and WHEREAS, the JLARC Report found that SOQ costs were understated by over $1 billion for the 2002-2004 biennium. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it declares the education funding crisis in the Commonwealth to be of paramount importance to the City, its residents and its school children. 449 BE IT FURTHER RESOLVED THAT THE City Clerk is directed to forward attested copies of this resolution to The Honorable John S. Edwards, Member, Senate of Virginia, The Honorable A. Victor Thomas, Member, House of Delegates, and The Honorable Clifton A. Woodrum, III, Member, House of Delegates. APPROVED Ralph K. Smith Mayor AA~ ~~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2002. No. 36086-100302. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings ofthe Urban Section ofthe Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held in Norfolk, Virginia, on October 22, 2002, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable William D. Bestpitch, is hereby designated Voting Delegate, and The Honorable William H. Carder is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2002 Annual Conference, Darlene L. Burcham, City Manager, shall be designated Staff Assistant. 450 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. APPROVED A7\ ~ j ~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2003. No. 36087-100302. A RESOLUTION authorizing the filing of a petition to rezone property which is owned by the City of Roanoke and which is designated as Official Tax Nos. 1113401, 1113408, 1113409, 1113410, 1113411, 1113412, 1113414, 1113418 and 1113419. WHEREAS, the City of Roanoke owns certain property designated as Official Tax Nos. 1113401,1113408,1113409,1113410,1113411, 1 113412,1113414, 1113418 and 1113419, in the southwest quadrant of the City; and WHEREAS, such property is currently zoned C-1, Office District; and WHEREAS, it is the desire of City Council to consider the rezoning of such property in conjunction with the rezoning of other property owned by the YMCA of Roanoke Valley, Inc., from C-1, Office District, to C-3, Central Business District, to determine whether public necessity, convenience, general welfare or good zoning practice require such a rezoning. 451 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to file a petition, similar in form and content to the petition attached to the letter dated October 3, 2002, to this Council, approved as to form by the City Attorney, to rezone the subject property from C-1, Office District, to C-3, Central Business District. APPROVED Ralph K. Smith Mayor ~T~ J~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of October, 2002. No. 36088-100302. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Water Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 10,166,699.00 Crystal Spring Well Supplements (1) . . . . . . . . . . . . . . . . . . . . . . Temporary Filtration System for Crystal Springs (2). . . . . . . . . . Interconnecting Waterlines North County (3) . . . . . . . . . . . . . . . 625,000.00 490,000.00 1,000,000.00 Retained Earnings Retained Earnings - Available for Appropriation (4). . . . . . . . . . . 585,854.00 452 1) Appropriated from General Revenue (002-530-8408-9003) (002-530-8413-9003) $ 500,000.00 2) Appropriated from General Revenue 140,000.00 3) Appropriated from General Revenue (002-530-8414-9003) 1,000,000.00 4) Retained Earnings - Available for Appropriation (002-3348) 1,640000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor A:~ 1 ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 2002. No. 36089-100302. AN ORDINANCE declaring the existence of an emergency in connection with obtaining certain design services, the lease and/or purchase of equipment, and construction work for certain projects to try to obtain additional sources of water to increase the City's water supply to help with the City's water supply emergency that was declared on February 4,2002, by Ordinance No. 35741-020402; providing that due to the need to expedite such projects, the normal procurement method of advertising, conducting competitive negotiations, and/or competitive sealed bidding be dispensed with to the extent reasonably necessary; authorizing the City Manager to take such further action and to execute such documents as may be necessary to implement and administer such projects; and dispensing with the second reading by title of this ordinance. 453 WHEREAS, 141 of the City Charter authorizes the City Manager to make emergency improvements without the necessity of advertising and receiving bids, and such section further requires the City Manager to report the facts and circumstances relating to such improvements to Council at its next regular meeting; and WHEREAS, on February 4, 2002, this Council declared that a water supply emergency existed and there was a need for water conservation measures to be taken within the City of Roanoke, Ordinance No. 35741-020402; and WHEREAS, the water supply emergency continues to exist and the City Manager has had City staff determine if any projects may be available to try to provide additional sources of water to try to increase the City's water supply to assist in dealing with the City's water supply emergency; and WHEREAS, City staff previously determined that there were three projects that could be technically feasible that would have a reasonable chance of being allowed by the appropriate regulatory agencies and that could be completed in a reasonable period time that might provide additional sources for water to the City, consisting of: 1) completion of the Muse Spring well; 2) ultraviolet treatment at Crystal Spring; and 3) well(s) to supplement Crystal Spring, which projects were set forth in the City Manager's Letter to Council dated April 15, 2002, and approved by Council by Ordinance No. 35815-041502. It was determined that the ultraviolet treatment at Crystal Spring was not available due to lack of approval by appropriate regulatory agencies. An alternative project using a temporary filtration system at Crystal Spring was determined to be acceptable to the appropriate regulatory agencies and was approved by Council, on an emergency basis, by Ordinance No. 35969-070102; and WHEREAS, City staff has determined that it is important to pursue certain additional projects to try to provide additional sources of water to the City. Such additional projects will consist of the further exploration and development of additional well sites and additional infrastructure water line(s) construction to bring additional water from the Roanoke County system to the City system from the Loch Haven service district; and WHEREAS, Council believes that it is important to allow the City Managerto undertake such projects mentioned in her letter to Council dated October 3, 2002, on an expedited time schedule in order to try provide additional sources of water to the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 454 1. Council hereby declares that an emergency exists within the meaning of 141 of the City Charter which allows the City Manager to make emergency improvements without the necessity of advertising or receiving bids or following the other normal procurement methods to the extent reasonably necessary. 2. Council hereby authorizes the City Manager to obtain certain design services, lease and/or purchase of equipment, and construction work for the following projects: (1) to pursue the further exploration and development of additional well sites throughout the City, which may be accomplished through negotiations and change orders or contracts with the City's current contrat:tor, Golder Associates Inc., or such other entities as the City Manager may deem appropriate; and (2) to provide and obtain the design, equipment, construction, and related work to develop additional infrastructure waterline(s) to bring additional water from the Roanoke County system to the City system from the Loch Haven service district. The cost of these projects is estimated at $500,000 and $1 million respectively, all as more fully set forth in the City Manager's letter to Council dated October 3, 2002, and shall not be exceeded without the prior authorization of Council. 3. Council further declares that the City Manager may expedite the procurement of such design services, the lease and/or purchase of equipment, and construction work for the above mentioned projects by dispensing with the normal procurement methods of advertising, conducting competitive negotiations, and/or competitive sealed bidding to the extent reasonably necessary; provided, however, that such procurement shall be made with such competition as is practicable under the circumstances. 4. The City Manager is further authorized to take such further action and to execute such documents as may be necessary to implement and administer the above mentioned projects. 5. Should any real property acquisition be required for the above projects, further action by Council will be necessary for authorization for the City to acquire, by condemnation or otherwise, any such necessary real property. 455 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is here by dispensed with. APPROVED Ralph K. Smith Mayor nT EST: g ~_ 11, ~~ . , 7 - Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36090-101502. A RESOLUTION authorizing the execution of a contract for an Operational Medical Director (OMD) for Fire-EMS to provide medical oversight for the provision of prehospital care. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a contract for an Operational Medical Director (OMD) for Fire-EMS, which contract provides that the City will indemnify the OMD, as more particularly described in the City Manager's letter to Council dated October 15, 2002. APPROVED 2. Such contract will be approved as to form by the City Attorney. ATTEST: /) ~~J.r~ Mary F. Parker City Clerk Ralph K. Smith Mayor 456 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36091-101502. A RESOLUTION authorizing the execution of a Parking Lot Management Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority (RRHA); and authorizing the City Manager to take such further action and execute such further documents as may be necessary to implement and administer such Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a Parking Lot Management Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Housing Authority (RRHA) that will allow the City to provide management and operation services for the following two surface parking lots owned by the RRHA: (1) the Bullitt Avenue Surface Lot (sometimes referred to as the "Park" lot) located at the corner of Bullitt Avenue and Williamson Road, Official Tax Map Nos. 4013321 and 4013322; and (2) the Church Avenue Surface Parking Lot (sometimes referred to as the "Nickel" lot) located at the corner of Church Avenue and Williamson Road, Official Tax Map No. 4011413. Such Agreement shall be substantially similar to the one attached to the City Manager's letter to Council dated October 15, 2002, including the term ofthe Agreement and the indemnity and insurance requirements referred to therein. 2. The form of the Agreement shall be approved by the City Attorney. 3. The City Manager is also authorized to take such further action and execute such further documents as may be necessary to implement and administer such Agreement. APPROVED ATTEST: ^ ~ 1. {J()I-I-_- Mary F. Parker City Clerk Ralph K. Smith Mayor 457 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36092-101502. A RESOLUTION providing forthe adoption of parking fees to be charged at the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots; and directing amendment of the Fee Compendium. WHEREAS City Council authorized the City Manager to purchase Tax Map Numbers 1010409,1010410 and 1010411 on Salem Avenue for the purpose of providing a surface parking lot; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority owns the Bullitt Avenue Surface Parking Lot ( sometimes referred to as the "Park" lot) located at the corner of Bullitt Avenue and Williamson Road, Official Tax Map numbers 4013321 and 4013322; and WHEREAS, the City of Roanoke Redevelopment and Housing Authority owns the Church Avenue Surface Parking Lot (sometimes referred to as the "Nickel" lot) at the corner of Church Avenue and Williamson Road, Official Tax Map Number 4011413; and WHEREAS the City of Roanoke Redevelopment and Housing Authority wishes the Bullitt Avenue and Church Avenue Surface Parking Lots be managed and operated by the City in a manner consistent with the City parking facilities and has indicated its intention to allow the City to do so; and WHEREAS the Citywishes to establish parking fees to be charged at the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots. THEREFORE, BE IT RESOLVED, by the Council of the City of Roanoke as follows: 1. The parking fees for the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots shall be in accordance with the following schedule effective November 1, 2002. 458 Parking Fees to be Effective November 1, 2002 Parking Fees For Salem Avenue Surface Parking Lot Short Term $2.75 all day Monthly $52.50/ mo unreserved Parking Fees For Church Avenue Surface Parking Lot Short Term $4.25 all day Monthly $65.00/mo unreserved Parking Fees for Bullitt Avenue Surface Parking Lot Short Term $3.00 all day Monthly $43.00/ mo unreserved Parking fees as set forth above are on a space available basis. The parking fees shall be charged between 6 am and 6 pm Monday through Friday. Parking at other times during the week and on weekends shall be free of charge. 2. The City Manager or her designee is hereby authorized to modify or waive the parking fees for the above parking lots for City sponsored events or other special events, as the City Manager may deem appropriate. 3. Any payment of monthly parking fees received more than seven (7) calendar days after such fees are due may be assessed a $5.00 late fee in addition to the monthly fee charged. 4. The parking fees set forth herein will not be applicable to parking agreements that provide for a specific parking rate for a specified period of time unless otherwise provided for in those agreements or until such agreements expire or are terminated. 459 5. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution 32412- 032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the fees to be charged at the Salem Avenue, Church Avenue and Bullitt Avenue Surface Parking Lots. APPROVED Ralph K. Smith Mayor ATTEST: /h.~ j. ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36093-101502. AN ORDINANCE authorizing an Amendment to the Contract for Management and Operation Services between the City of Roanoke and Lancor Parking, L.L.C., dated July 1,2002, regarding certain parking facilities; authorizing the City Manager to make future adjustments to such contract; and dispensing with the second reading by title of this ordinance. WHEREAS, the City entered into a Contract dated July 1, 2002, (Contract) with Lancor Parking, L.L.C., (Lancor) for management and operation services of certain City owned or controlled parking garages and surface parking lots (Parking Facilities), authorized by Ordinance No. 35966-070102; and WHEREAS, the City and Lancor desire to amend the Contract to allow for the addition of two parking facilities to be controlled by the City that are not now included in the Contract and to provide for additional management fees to Lancor for such additional management and operation services. 460 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council, in accordance with the City Manager's letter to Council dated October 15, 2002, hereby approves amending the Contract for Management and Operation Services between the City and Lancor dated July 1, 2002, involving certain parking facilities which will include provisions for the following: A. Two surface parking lots in downtown Roanoke consisting of the Bullitt Avenue Surface Lot(sometimes referred to as "The Park" lot), Tax Map Nos.4013321 and 4013322, and the Church Avenue Surface Lot (sometimes referred to as the "Nickel" lot), Tax Map No. 4011413, will be added to the definition of Parking Facilities set forth in the Contract with Lancor for management of those facilities by Lancor. B. The term for Lancor to provide management and operation services for the two additional parking facilities will commence on November 1, 2002, and will continue during the term of the Contract, subject to all of the terms and conditions of the Contract. C. For the increase of additional services mentioned above, Lancor will receive an increase in the management fee to be paid Lancor as follows: TIME PERIOD FOR ADDITIONAL MONTHLY MANAGEMENT FEE ADDITIONAL SERVICES INCREASE BULLlTT AVENUE SURFACE PARKING LOT CHURCH AVENUE SURFACE PARKING LOT 1/01/02 TO 07/31/03 08/01/03 TO 07/31/04 08/01/04 TO 07/31/05 $2,846.00 $2,931.00 $3,019.00 $316.00 $325.00 $335.00 OPTION PERIOD 08/01/05 TO 07/31/06 $3,110.00 $345.00 461 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, the requisite Contract Amendment with Lancor, such Amendment to be in a form approved by the City Attorney, and to take such further action and to execute such further documents as may be necessary to implement and administer such Amendment. 3. In order to provide for the orderly administration of City owned or controlled parking facilities within the City, the City Manager is further authorized to add or delete from the Contract with Lancor such parking facilities and adjust the management fees with Lancor in connection with such addition or deletion of parking facilities as she may deem appropriate and as provided for in such Contract, provided that the management fee change is not more than 25% of the original or amended contract amount, and to take such further action and to execute such further documents, including amendments to the Contract, as may be necessary to administer such Contract. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ~T~J~ Mary F. Parker City Clerk IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36094-101502. A RESOLUTION concurring in the recommendation of the Neighborhood Task Selection Task Force for the substantial targeting of the City's funds from the U. S. Department of Housing and Urban Development ("HUD") under the Community Development Block Grant, Emergency Shelter Grant and Home Investment Partnerships program. 462 WHEREAS, by Resolution No.35570-o91701, dated September 17,2001, Council adopted the "Policy on HUD Funds," one of the purposes of which is the substantial targeting of the City's funds from HUD to create a visible and lasting impact in selected neighborhoods; and WHEREAS, the City Manager appointed the Neighborhood Selection Task Force ("NSTF") to recommend neighborhoods where the funds should next be targeted; and WHEREAS, the NSTF recommended that the Gainsboro, Hurt Park, Washington Park, Loudon-Melrose, Old Southwest and Gilmer Northwest Neighborhood Environmental Organization neighborhoods be targeted in the coming years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that City Council concurs in the recommendations of the NSTF for the substantial targeting of the City's HUD funds to the Gainsboro, Hurt Park, Washington Park, Loudon-Melrose, Old Southwest and Gilmer Northwest Neighborhood Environmental Organization neighborhoods, as more particularly set forth in the City Managers letter dated October 15, 2002, to this Council. APPROVED ~:~ :J.~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36095-101502. A RESOLUTION authorizing the appropriate City officials to enter into an Agreement with the Blue Ridge Housing Development Corporation to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions. 463 WHEREAS, Council approved the Blue Ridge Housing Development Corporation 2002 - 2003 Community Development Block Grant and HOME activities and funding; WHEREAS, Council accepted the 2002 - 2003 Community Development Block Grant and HOME funds, pending receipt of the grant approvals from the Department of Housing and Urban Development ("HUD"); and WHEREAS, the grant agreements with HUD have been signed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement with the Blue Ridge Housing Development Corporation, approved as to form by the City Attorney, within the limits offunds and for the purposes as are more particularly set forth in the City Manager's letter dated October 15, 2002, to this Council. APPROVED Ralph K. Smith Mayor 7)\~ -J ~ Mary F. Parker City Clerk IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36096-101502. A RESOLUTION authorizing the appropriate City officials to enter into an Agreement with the Roanoke Redevelopment and Housing Authority to conduct housing activities using Community Development Block Grant and HOME Investment Partnerships Program funds, upon certain terms and conditions. 464 WHEREAS, Council approved the Roanoke Redevelopment and Housing Authority 2002 - 2003 Community Development Block Grant and HOME activities and funding; WHEREAS, Council accepted the 2002 - 2003 Community Development Block Grant and HOME funds, pending receipt of the grant approvals from the Department of Housing and Urban Development ("HUD"); and WHEREAS, the grant agreements with HUD have been signed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement with the Roanoke Redevelopment and Housing Authority, approved as to form by the City Attorney, within the limits offunds and for the purposes as are more particularly set forth in the City Manager's letter dated October 15, 2002, to this Council. APPROVED Ralph K. Smith Mayor ATTEST: J'I /'Jt\ ~ .j f"~- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36097-101502. A RESOLUTION authorizing the City Manager to allow community groups, volunteers and other entities as the City Manager may deem appropriate to undertake a storm drain stenciling project within the City's rights-of-way and to take such further action as may be necessary to implement and administer such project. 465 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to allow community groups, volunteers, and other entities as the City Manager may deem appropriate to undertake the storm drain stenciling project within the City's rights-of-way mentioned in the City Manager's letter to Council dated October 15, 2002, and to take such further action as may be necessary to implement and administer such project. APPROVED ~~ ;.L Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36098-101502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003GrantFundAppropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare Runaway/Homeless Grant 9/02 - 8/05 (1-16) . . . . . . . . . . . . . . . . . . . $ 4,206,573.00 126,675.00 Revenues Health and Welfare Runaway/Homeless Grant 9/02 - 8/05 (17) . . . . . . . . . . . . . . . . . . . . $ 4,206,573.00 126,675.00 466 01) Regular Employee Salaries (035-630-5138-1002) 02) Temporary Employee Wages (035-630-5138-1004) 03) ICMA RC Retirement (035-630-5138-1115) 04) ICMA Match (035-630-5138-1116) 05) FICA (035-630-5138-1120) 06) Medical Insurance (035-630-5138-1125) 07) Dental Insurance (035-630-5138-1126) 08) Life Insurance (035-630-5138-1130) 09) Disability Insurance (035-630-5138-1131) 10) Fees For Professional Services (035-630-5138-2010) 11) Telephone-Cellular (035-630-5138-2021) 12) Administrative Supplies (035-630-5138-2030) 13) Dues and Memberships (035-630-5138-2042) 14) Training and Development (035-630-5138-2044) 15) Local Mileage (035-630-5138-2046) 16) Program Activities (035-630-5138-2066) 17) Runaway/Homeless 9/02 - 8/05 (035-630-5138-5138) $ 57,024.00 5,721.00 5,249.00 1,300.00 4,900.00 5,496.00 404.00 571.00 163.00 1,125.00 1,200.00 4,850.00 700.00 6,575.00 2,340.00 29,057.00 126,675.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A7\~ ;.L Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36099-101502. A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Outreach Program; and authorizing the execution of the necessary documents. 467 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the United States Department of Health and Human Services Runaway and Homeless Youth Program Grant (No. 03CY0433/1), in the amount of $126,675 to be used for salary and fringe benefits of counselors and related activities in the Outreach Program, and as more particularly set forth in the October 15, 2002, report of the City Manager to this Council. 2. The City Manager is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED Ralph K. Smith Mayor 7h~ IlL- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36100-101502. A RESOLUTION authorizing the City Manager to execute an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at the Breckinridge Middle School for use by the general public, upon certain terms and conditions. 468 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the agreement between the Roanoke City School Board and the City of Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to operate a fitness center in specified areas at the Breckinridge Middle School for use by the general public, as more fully set forth in the City Manager's letter dated October 15, 2002, to this Council. APPROVED Ralph K. Smith Mayor ATTEST: ~ If\~-Jr~ Mary F. Parll6r City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36101-101502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Streets and Bridges Sidewalk Maintenance (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,271,040.00 800,000.00 $ 7,805,186.00 4,200,000.00 Capital Improvement Reserve Series 2002 Public Improvement Bonds (2) . . . . . . . . . . . . . . . . 469 01) Appropriated from 2002 Bond Funds (008-530-9774-9076) 02) Curb, Gutter and Sidewalk Improvements (008-530-9711-9195) $ 800,000.00 (800,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ;;;~ Ie.- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36102-101502. AN ORDINANCE accepting the bid of S. R. Draper Paving Company, for constructing various curbs, gutters, and sidewalks along City streets, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of S. R. Draper Paving Company, in the amount of $134,995.50 for constructing various curbs, gutters, and sidewalks along City streets, as is more particularly set forth in the City Manager's letter dated October 15, 2002, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Division, be and is hereby ACCEPTED. 470 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor A~~J.L Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36103-101502. AN ORDINANCE repealing Article II, Solicitations for Charitable Purposes, of Chapter 28, Solicitations, Code of the City of Roanoke (1979), as amended, and amending Article I, In General by the addition of a new 128-3, Registration of charitable solicitors; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 471 1. Article II, Solicitations for Charitable Purposes, of Chapter 28, Solicitations, Code ofthe City of Roanoke (1979), as amended, is hereby REPEALED. 2. Article I, In General, of Chapter 28, Solicitations, Code ofthe City of Roanoke (1979), as amended, is hereby amended by the addition of a new Section 28-3, Registration of charitable solicitors, to read and provide as follows: 128-3. Registration of charitable solicitors. Any charitable organization undertaking a charitable solicitation in the City which is required to register with the Commonwealth of Virginia pursuant to the provisions of 157-48, etsea., Code of Virginia, shall register with the City Manager, on forms to be promulgated by the City Manager: 1) the name of the charitable organization; 2) the names of any solicitors engaged or to be engaged in charitable solicitations on behalf of the organization; and 3) the dates and times that the solicitors will be soliciting in the City. 2. Pursuant to 112 of the City Charter, the second reading by title of this ordinance is thereby dispensed with. APPROVED 7\~ 4. ~ Mary F. Parker City Clerk Ralph K. Smith Mayor 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36104-101502. AN ORDINANCE granting a conditional permit to allow for the encroachment of a basketball goal approximately three feet into the public right-of- way in front ofthe property located at 3745 Forest Road, S. W., and bearing Official Tax No. 1390514; designating a play area pursuant to the provisions of '46.2-932.A, Code of Virginia (1950), as amended, upon certain terms and conditions; repealing Ordinance No. 35959-070102; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owners, John S. and Catherine D. Edwards ("Permittee") and their grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1390514, otherwise known as 3745 Forest Road, S. W., within the City of Roanoke, to permit an encroachment of a basketball goal approximately three feet into the public right-of-way of Forest Road, S. W., as more fully described in a report of the City Manager dated July 1, 2002. 2. Such license, granted pursuant to '15.2-2011, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid '15.2-2011. 3. It shall be agreed by the Permittee that, in maintaining such encroachment, the Permittee and their grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Pursuant to the provisions of '46.2-932.A, Code of Virginia, the following described portion of Forest Road is hereby designated as a play area, provided that such use is limited to daylight hours and a minimum offour temporary traffic cones shall be in place delineating the play area from adjacent right-of-way while in use as a play area: 473 Beginning on a point at the location ofthe basketball goal, extending with a radius of thirty feet within the right-of- way of Forest Road, S. W., and terminating at the property line of Official Tax No. 1390514. 5. The City Clerk shall transmit an attested copy of this ordinance to John S. and Catherine D. Edwards, 3745 Forest Road, S. W., Roanoke, Virginia 24015. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by John S. and Catherine D. Edwards has been admitted to record, at the cost of the Permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke. 7. Ordinance No. 35959-070102, adopted July 1, 2002, is hereby repealed. 8. Pursuant to 112 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED Ralph K. Smith Mayor A:~ J~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36105-101502. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 School and School Food Services Funds Appropriations, and dispensing with the second reading by title of this ordinance. 474 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 School and School Fund Services Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: School Fund Approoriations Education $146,258,988.00 Technology-Based Wellness Program 2002-03 (1-5). . . . . . . . . . . . 295,180.00 Drug Free Schools 2002-03 (6-12) . . . . . . . . . . . . . . . . . . . . . . . . . . . 40,230.00 Facilities (13-16) ......................................... 2,088,566.00 Revenues Education $143,623,800.00 Technology-Based Wellness Program 2002-03 (17) . . . . . . . . . . . . 295,180.00 Drug Free Schools 2002-03 (18) ............................ 40,230.00 Fund Balance Reserved for CMERP - Schools (19) . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,088,606.00 School Food Services Fund Approoriations Education $ 4,539,937.00 Facilities (20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14,446.00 Fund Balance Fund Balance - Unappropriated (21) . . . . . . . . . . . . . . . . . . . . . . . .. $ 277,958.00 01) Indirect Costs 02) Technical Support and Warranty 03) Supplies 04) Other Expenses 05) Equipment 06) Counselor 07) Social Security (030-062-6332-6106-0212) (030-062-6332-6106-0313) (030-062-6332-6106-0614) (030-062-6332-6106-0615) (030-062-6332-6106-0821 ) (030-063-6844-6306-0123) (030-063-6844-6306-0201 ) 3,500.00 20,880.00 111,080.00 3,880.00 155,840.00 13,000.00 995.00 08) Retirement 09) Health Insurance 10) Contracted Services 11) Travel 12) Supplies 13) State Retirement 14) Health Insurance 15) Indirect Costs 16) Contracted Services 17) Federal Grant Receipts 18) Federal Grant Receipts 19) Reserved for CMERP- Schools 20) Food Service Equipment 21) Fund Balance - Unappropriated (030-063-6844-6306-0202) (030-063-6844-6306-0204) (030-063-6844-6306-0313) (030-063-6844-6306-0551 ) (030-063-6844-6306-0614) (030-065-6006-6302 -0806) (030-065-6006-6683-0824) (030-065-6006-6896-0829 ) (030-065-6006-6896-0851 ) (030-062-6332-1102) (030-063-6844-1102) (030-3324) (032-065-6006-6788-0821 ) (032-3325) 475 1,235.00 1,000.00 14,000.00 5,000.00 5,000.00 168,449.00 36,995.00 8,544.00 226,970.00 295,180.00 40,230.00 (440,958.00) 3,385.00 (3,385.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. /\~J~ Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36106-101502. A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. 476 WHEREAS, the Council is advised that the term of office of Dennis R. Cronk, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20,2002; WHEREAS, 15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Dennis R. Cronk is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term offour (4) years commencing on October 21,2002, and expiring on October 20,2006, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 2001. APPROVED Ralph K. Smith Mayor ~~JL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36107-101502. A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Stark H. Jones, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 2002; 477 WHEREAS, 115.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Stark H. Jones is hereby reappointed as a Director on the Board of Direr-tors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21,2002, and expiring on October 20,2006, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 2001. APPROVED Ralph K. Smith Mayor A/h~ J/L Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36108-101502. AN ORDINANCE to amend 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Larry J. Conner and Rhonda S. Conner, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-1, Office District, subject to certain conditions proffered by the applicant; and 478 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 15, 2002, after due and timely notice thereof as required by 36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel of land located at 547 Campbell Avenue, S.W., and designated on Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1112510, be, and is hereby rezoned from LM, Light Manufacturing District, to C-1, Office District, subject to the proffers contained in the Seconded Amended Petition filed in the Office of the City Clerk on September 23, 2002, and that Sheet No. 111 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: ~ 0~ :J. ~J.- - Mary F. Parker City Clerk 479 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2002. No. 36109-101502. RESOLUTION AUTHORIZING THE ISSUANCE OF A $800,000 GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BOND (LINCOLN TERRACE ELEMENTARY SCHOOL), SERIES 2002, OF THE CITY OF ROANOKE, VIRGINIA, TO BE SOLD TO BANK OF AMERICA, N.A. AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount equal to $800,000 and to issue its general obligation "qualified zone academy bond," within the meaning of Section 1397E of the Internal Revenue Code of 1986, as amended (the "Code"), for the purpose of financing certain rehabilitations, repairs and/or or equipment for the Lincoln Terrace Elementary School ("L TES"); and WHEREAS, the City held a public hearing, duly noticed, on October 15, 2002, on the issuance of the Bond (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has by resolution approved, and has requested the Council to authorize, the issuance of the Bond; and WHEREAS, pursuant to a commitment letter dated September 11,2002 (the "Commitment Letter"), Bank of America, N.A. (the "Bank") has offered to purchase the Bond on the terms and conditions provided therein; and WHEREAS, there have been presented to the Council the form cf the Commitment Letter and the forms of the following instruments: Funding Agreement, (the "Funding Agreement"), between the City and Bank of America, N.A. (the "Bank") providing for the sale of the Bond to the Bank; and Time Deposit Agreement (the "Time Deposit Agreement"), between the City and the Bank, providing for the investment of certain sinking fund payments to be made in connection with the Bond. The Bond. 480 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bond and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation qualified zone academy bond in an aggregate principal amount of $800,000 (the "Bond") for the purpose of financing certain rehabilitations, repairs and/or capital equipment for L TES. The Council hereby authorizes the issuance and sale of the Bond in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bond. It is determined to be in the best interest of the City to accept, and the City hereby accepts, the offer of the Bank to purchase from the City, and to sell to the Bank, the Bond at a price of par upon the terms established pursuant to this Resolution, the Funding Agreement and the Commitment Letter. The Mayor, the City Manager, and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver to the Bank the Commitment Letter, the Funding Agreement and the Time Deposit Agreement, each in substantially the form submitted to the Council at this meeting, which form is hereby approved. 3. Details of the Bond. The Bond shall be issued in fully registered form; shall be dated the date of issuance and delivery of the Bond (the "Closing Date"); shall be designated "General Obligation Qualified Zone Academy Bond (Lincoln Terrace Elementary School), Series 2002; shall mature on the fourteenth anniversary of the Closing Date, subject to the provision of Section 4 of this Resolution, and shall have such other terms and conditions as contained in the form of the Bond attached as Exhibit A to the Funding Agreement. The Director of Finance of the city is hereby appointed as the Bond Registrar and Paying Agent for the Bond. 4. Maturity Date: Other Provisions. The City Manager is hereby authorized and directed (a) to extend the final maturity date of the Bond, a~ the request of the Bank, to reflect the longest maturity permitted under applicable law on the Closing Date for "qualified zone academy bonds" within the meaning of Section 1397E of the Code, and (b) to approve changes to the provisions of the Funding Agreement and the Time Deposit Agreement regarding the amount and timing of the Qualified Annual Deposits into the Sinking Fund pursuant to the Funding Agreement and the investment of such Qualified Annual Deposits pursuant to the Time Deposit Agreement. In such event, the execution and delivery of the Bond as described in Section 8 hereof and of the Funding Agreement and the Time 481 Deposit Agreement as described in Section 2 hereof shall conclusively evidence such maturity date as having been so extended, and such changes to the Funding Agreement and Time Deposit Agreement as having been approved, all as authorized by this Resolution. 5. Designation as Qualified Zone Academv Bond. On behalf of the City, the Council hereby designates the Bond as a "qualified zone academy bond" for the purposes of Section 1397E of the Code. 6. Form of the Bond. The Bond shall be initially in the form of a single typewritten bond substantially in the form attached as Exhibit A to the Funding Agreement. 7. Prepayment. The Bond is not subject to prepayment at the option of the City. 8. Execution and Delivery of the Bond. The Mayor or Vice Mayor and lhe Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bond and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of the Bond and all payments under the Funding Agreement as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while the Bond shall be outstanding there shall be levied and collected annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City subject to local taxation over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of, premium, if any, and interest, if any, on the Bond and all uther payments due under the Funding Agreement (including each Qualified Annual Deposit) to the extent other funds of the City are not lawfully available and appropriated for such purpose. 10. Tax ComDliance Certificate. The Mayor, the City Manager and such officer or officers ofthe City as either may designate are hereby authorized and directed to execute a Tax Compliance Agreement setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to show compliance with the provisions of the Code and applicable regulations relating to the status of the Bond as a "qualified zone academy bond" within the meaning of Section 1397E of the Code (a "QZAB"). The Council covenants on behalf of the City that (a) the proceeds from the issuance and 482 sale of the Bond, including any investment earnings thereon, will be invested and expended as set forth in such Tax Compliance Certificate and that the City shall comply with the other covenants and representations contained therein, and (b) the City will comply with the provisions of the Code to the extent necessary to ensure that the Bond continues to qualify as a QZAB. 11. Filing of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 12. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Bond and any such action previously taken is hereby ratified and confirmed. 13. Election Under Public Finance Act. The Council hereby elects pursuant to Section 15.2-2601 of the Virginia Code to issue the Bond under the Public Finance Act of 1991, as amended, without regard to the requirements, restrictions or other provisions contained in the Charter of the City or local or special act applicable to the City. 14. Effective Date. This Resolution shall take effect immediately. * * * The undersigned Clerk ofthe City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on October 15, 2002, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify (a) that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present, and (b) that the attendance of the members and voting on the foregoing resolution was as follows: Present Absent Ralph K. Smith, Mayor C. Nelson Harris, Vice-Mayor William D. Bestpitch William H. Carder M. Rupert Cutler Alfred T. Dowe, Jr. Linda F. Wyatt Aye Nay Abstain 483 WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 15th day of October, 2002. Clerk, City of Roanoke Ralph K. Smith Mayor APPROVED ATTEST: ~ i'"fl~ .Jr~ Mary F. Parker City Clerk - - - - - - - - - - - - - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36110-101502. A RESOLUTION approving the Southern Hills Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Southern Hills Neighborhood Plan. WHEREAS, the Southern Hills Neighborhood Plan (the "Plan") was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on September 19, 2002, and recommended adoption of the Plan and amending Vision 2001 - 2020, the City's Comprehensive Plan ("the Comprehensive Plan"), to include such Plan; and WHEREAS, in accordance with the provisions of 115.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on Tuesday, October 15, 2002, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 484 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Southern Hills Neighborhood Plan and amends Vision 2001- 2020, the City's Comprehensive Plan, to include the Southern Hills Neighborhood Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the City Planning Commission. APPROVED Ralph K. Smith Mayor A/J\~JL Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2002. No. 36111-101502. AN ORDINANCE authorizing the vacation and relocation of a portion of a main water distribution line easement from the Falling Creek Filtration Plant which runs across property known as Kingston Estates subdivision, and the acceptance and dedication of a new water distribution line easement across a portion of the same property, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 485 1. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the vacation of an existing main water distribution line easement across a portion of property known as Kingston Estates subdivision, as more particularly described in the City Manager's letter to this Council dated October 15, 2002. 2. The City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the acceptance and dedication of a new main water distribution line easement, located across a portion of property known as Kingston Estates subdivision, as more particularly described in the City Manager's letter to this Council dated October 15, 2002. 3. The City Attorney is authorized to record the appropriate documentation providing for acceptance and dedication of a new main water distribution line easement, located on a portion of property known as Kingston Estates subdivision, as more particularly described in the City Manager's letter to this Council dated October 15, 2002. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: ~ I'f\ ~ 1. r ()AJ&v Mary F. Parker City Clerk 486 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36112-110402. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Florida Avenue Drainage Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the improvement of storm drainage in the vicinity of Florida Avenue, the City wants and needs certain property rights across property bearing Roanoke City Tax Nos. 2450438, 2450434, 2450403, 2450422, 2450407 and 2450408, as set forth in the City Manager's letter and attachment thereto dated November4, 2002. The proper City officials are authorized to acquire these property rights for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed on behalf of the City to offer the landowners such consideration for the property rights as deemed appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including but not limited to appraisals, title reports, preparation of necessary documents and recordation costs, shall not exceed $3,000.00 without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ?h~ 1.~ Mary F. Parker City Clerk Ralph K. Smith Mayor - - - - - - - - - - - - - - 487 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36113-110402. A RESOLUTION authorizing a contract with Tectonic Engineering Consultants P.C. for the development of a vulnerability assessment, emergency response/operating plan, security enhancements and design or a combination of all of these items for the City of Roanoke's water system. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Tectonic Engineering Consultants P.C. for the development of a vulnerability assessment, emergency response/operating plan, security enhancements and design or a combination of all of these items for the City of Roanoke's water system, in the amount of $89,500.00, as described in the City Manager's letter to Council dated November 4, 2002. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's letter to this Council d:lted November 4, 2002. APPROVED Ralph K. Smith Mayor ATTEST: ~ /hAM; f~l~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2002. No. 36114-110402. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Water and Water Pollution Control Funds Appropriations and dispensing with the second reading by title of this ordinance. 488 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Water and Water Pollution Control Funds Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Water Fund ADDroDriations Capital Outlay Hope VI Infrastructure Improvements (1). . . . . . . . . . . . $ 8,630,419.00 76,000.00 Retained Earnings Retained Earnings - Available for Appropriation (2) . . . Water Pollution Control Fund 496,854.00 ApDroDriations Capital Outlay Hope VI Infrastructure Improvement (3). . . . . . . . . . . . 63,741,277.00 711,000.00 Retained Earninas Retained Earnings - Available for Appropriation (4) . . . . 4,958,752.00 1) Appropriated from General Revenue (002-410-9627 -9003) $ 89,000.00 2) Retained Earnings - Available For Appropriation (002-3348) ( 89,000.00) 3) Appropriated from General Revenue (003-410-9628-9003) 266,000.00 4) Retained Earnings - Available for Appropriation (003-3348) (266,000.00) 489 Pursuantto the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: ~ n, ~ I. r~i4~ Mary F. Parker City Clerk IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36115-110402. A RESOLUTION authorizing the appropriate City officials to execute Amendment No.3 to the 2000 - 2001 Community Development Block Grant Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority Agreement, providing the necessary funding to continue the infrastructure improvements associated with the Lincoln 2000 HOPE VI Community Revitalization Program Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager, and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No.3 to the 2000.2001 Community Development Block Grant Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority Agreement, providing funding to continue the infrastructure improvements associated with the Lincoln 2000 HOPE VI Community Revitalization Program Project, as more particularly set forth in the City Manager's letter dated November 4, 2002, to this Council. 490 2. Amendment No. 3 shall be approved as to form by the City Attorney. APPROVED Ralph K. Smith Mayor ?A~ /./L,.-- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2002. No. 36116-110402. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Aoorooriations Public Safety DUI Overtime Grant - FY03 (1-2). . . . . . . . . . . . . . . . . . . . . . . $2,468,139.00 15,000.00 Revenues Public Safety DUI Overtime Grant - FY03 (3). . . . . . . . . . . . . . . . . . . . . . . . . 2,468,139.00 15,000.00 1) Overtime Wages (035-640-3415-1003) (035-640-3415-1120) (035-640-3415-3415) $ 13,934.00 1,066.00 15,000.00 2) FICA 3) State Grant Receipts 491 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: /J A~ :l.r~~~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2002. No. 36117-110402. A RESOLUTION accepting the Driving Under the Influence Enforcement Grant offer made to the City by the Commonwealth of Virginia's Department of Motor Vehicles and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia, Department of Motor Vehicles of the Driving Under the Influence Enforcement grant in the amount of $15,000.00, such grant being more particularly described in the letter of the City Manager, dated November 4,2002, upon all terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, including any documents providing for indemnification from the City that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 492 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia, Department of Motor Vehicles in connection with the City's acceptance of this grant. APPROVED Ralph K. Smith Mayor AT~ ;./L... Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36118-110402. AN ORDINANCE amending and reordaining subsection (g) of ~33-17, Definitions; subsections (a), (b) and (d) of ~33-20, Notice of removal of weeds: Dreabatement hearing; and subsection (a) of ~33-21, Abatement of public nuisance, of Chapter 33, Veaetation, of the Code of the City of Roanoke (1979), as amended, to amend the definition of weed or weeds, and to amend the numbers of days allowed for abatement of a public nuisance; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (g) of ~33-17, Definitions, subsection (a) of ~33-20, Notice of removal of weeds: Dreabatement hearing, subsection (a) of ~33-1, Abatement of Dublic nuisance, of Chapter 33, VeQetation, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: ~33-17. Definitions. For the purpose of this chapter, certain terms and words used herein shall be defined as follows: * * * (g) Weed or weeds means any plant, grass or other vegetation over ten (10) inches height growing upon private property in the City of Roanoke, including, but not limited to, any sage brush, poison oak, poison ivy, Ailanthus Altissima (commonly called Tree of Heaven or Paradise Tree), ragweed, dandelions, milkweed, Canada thistle, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gardens purposefully planted and maintained by the property owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. * * * S33-20. Notice of removal of weeds: Dreabatement hearina. (a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the city manager determines that a public nuisance exists with respect to any parcel, the city manager shall mail by United States postal service certified mail to the owner of the parcel at the owner's address, as determined from public records, written notice that there exists a public nuisance with respect to the parcel and demand the abatement of the nuisance within seven (7) days following the mailing ofthe notice. Such notice, when so addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient. In the event that such notice is returned by the postal authorities or if the owner's address is unknown, the city manager shall cause a copy of the notice to be posted in a conspicuous place on the parcel. The posting shall be accomplished at least seven (7) days prior to abatement of the public nuisance with respect to that parcel. (b) The notice shall: *** 493 494 (4) Advise that if the weeds or trash are not removed within the prescribed time, and that if the weeds and trash do not remain abated or removed, the city will proceed to abate the nuisance with the costs thereof together with an administrative fee and interest authorized by this article being specially assessed against the owner and the parcel; * * * (d) Any notice sent by the City Manager to any owner of a parcel which, because of weeds or trash, has been declared a public nuisance under this article and which notice otherwise complies with the requirements of this section, shall constitute complete and sufficient notice for any similar condition during the same period of April 1 until November 1 in which the notice was sent. S33-21. Abatement of Dublic nuisance. (a) If the owner shall fail or neglect to complete abatement ofthe public nuisance as required within seven (7) days of mailing of notice or of posting, whichever is applicable, or if the owner fails to continue to comply with the requirements of this section, the city manager may direct in writing that city forces abate or complete the abatement of such public nuisance, or the city manager may contract for this abatement on behalf of the city with a private contractor. * * * 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 7h'~ .j.~ Mary F. Parker City Clerk Ralph K. Smith Mayor 495 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36119-110402. A RESOLUTION rejecting all bids in response to the Request for Proposal for the operational management of the historic City Market Building. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City in response to the Request for Proposal (RFP #02-07 -12) forthe operational management ofthe historic City Market Building, are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in the scope of the project or the procurement documents deemed advisable and to cause the revised project to be readvertised for bids. APPROVED Ralph K. Smith Mayor 7h-r.J.~ Mary F. Parker City Clerk THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36120-110502. A RESOLUTION accepting the proposal of Southern Software, Inc., to provide incident based reporting software and services for the City of Roanoke's Police Department upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for same; and rejecting all other proposals made to the City. 496 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The proposal of Southern Software, Inc., to provide incident based reporting software and services for the City of Roanoke's Police Department at a cost of $83,595.00, all as more fully set forth in a letter to Council dated November 4, 2002, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, upon form approved by the City Attorney, a contract with Southern Software, Inc., for the provision of incident based reporting software and services for the City's Police Department. 3. Any and all other proposals made to the City for providing incident based reporting software and services are hereby REJECTED, and the City Clerk is directed to notify each such offeror and to express to each the City's appreciation for such proposal. APPROVED Ralph K. Smith Mayor 7ft'~ .j. ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36121-110402. A RESOLUTION authorizing a contract with Printrak International for the upgrade of the City's Computer Aided Dispatch (CAD) Application System and concurring with the determination of the Director of General Services that such firm is the only source practicably available to perform such work. WHEREAS, the Director of General Services, upon the request of the Department of Technology, has determined that Printrak International is the only source practicably available to provide the upgrade to the City's Computer Aided Dispatching System; and 497 WHEREAS, Council concurs in the determination of the Director of General Services on the sole source issue. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council does hereby concur in the determination of the Director of General Services that Printrak International is the only source practicably available to provide the upgrade to the City's Computer Aided Dispatching System for the reasons set forth in the City Manager's report to Council dated November 4, 2002. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, for and on behalf ofthe City, upon form approved by the City Attorney, a contract with Printrak International, for the upgrade to the City's Computer Aided Dispatching System, in the amount of $129,966.00, all as more fully set forth in the above mentioned report. APPROVED Ralph K. Smith Mayor ATTEST: ~ /h~ jrwv Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of November, 2002. No. 36122-110402. A RESOLUTION approving the issuance of up to $26,500,000.00 in Revenue Bonds of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority") to finance or refinance (1) all or a portion ofthe Authority's '- $22,875,000.00 Residential Care Facility Mortgage Revenue Refunding Bonds (Virginia Lutheran Homes), Series 1997, (2) amounts required to fund a debt service reserve fund and pay costs of issuance and other expenses in connection with the issuance of the Bonds (3) the financing or the refinancing of approximately $3,500,000.00 for the recent acquisition and current renovation of a nursing home facility located at 3837 Brandon Avenue, Roanoke, Virginia 24018. 498 The Industrial Development Authority of the City of Roanoke, Virginia ("Authority") has considered the application of Virginia Lutheran Homes, Inc., a Virginia non-stock, non-profit corporation and/or its affiliate (the "Borrower"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $26,500,000 ("Bonds") to be issued at one time or from time to time to assist the Borrower in financing or refinancing the following (collectively, "Project"): (1) the refunding of all or a portion of the Authority's $22,875,000.00 Residential Care Facility Mortgage Revenue Refunding Bonds (Virginia Lutheran Homes), Series 1997, which were issued to refund the outstanding balance of the Autho~ity's $25,155,000.00 Residential Care Facility First Mortgage Revenue Bonds (Virginia Lutheran Homes Project), Series 1991, the proceeds of which were used to assist the Borrower in financing or refinancing (a) the costs of acquiring, constructing and equipping a residential care facility of independent living units and a personal care facility ("Personal Care Center") for the aged in the City of Roanoke, Virginia, known as Brandon Oaks, owned and operated by the Borrower and located at 3804 Brandon Avenue, Roanoke, Virginia 24018, (b) existing indebtedness ofthe Borrower relating to the construction and subsequent expansion of and improvements to an existing nursing care facility adjacent to and interconnected with the Personal Care Center and also owned and operated by the Borrower ("Health Center"), and (c) the costs of certain improvements and additions to the Health Center, (2) the acquisition, construction, renovation and equipping of a nursing home facility located at 3837 Brandon Avenue, Roanoke, Virginia 24018 and (3) amounts required to fund a debt service reserve fund and to pay costs of issuance and other expenses in connection with the issuance of the bonds. The Authority held a public hearing on the Borrower's application on October 30, 2002, as required by Section 147(f) ofthe Internal Revenue Code of 1986, as amended ("Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code"). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf ofthe City of Roanoke, Virginia ("City"); the Project is located in the City; and the City Council of the City of Roanoke, Virginia ("Council") constitutes the highest elected governmental unit of the City. The Authority has recommended that the Council approve the issuance of the Bonds. A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate ofthe public hearing and a Fiscal Impact Statement have been filed with the Council. 499 NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves (i) the issuance ofthe Bonds by the Authority for the benefit ofthe Borrower, as required by Section 147(f) ofthe Code and Section 15.2-4906 of the Virginia Code. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Borrower. 3. This resolution shall take effect immediately upon its adoption. Adopted by the City Council of the City of Roanoke, Virginia this 4th day of November, 2002. APPROVED Ralph K. Smith Mayor ATTEST: /'J /"'A..~ -J r~< - Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36123.110402. AN ORDINANCE amending and reordaining ~36.1-393, Standards for new construction, of Subdivision G, NO. Neiahborhood Desian District, of Division 5, SDecial District Regulations, of Article III, District Reaulations: amending ~36.1-403, Front yard reauirements for infill develoDments, of Division 1, Generallv, of Article IV, Supplementary Regulations: and amending and reordaining subsection (c) of ~36.1-428, General standards, of Division 2, Off-Street Parkina and Loadina Reauirements, of Article IV, SUDDlementarv Regulations, of the Code of the City of Roanoke (1979), as amended, to provide standards for a new dwelling, new accessory building or expansion of an existing dwelling in the NO district; establishing the depth of front yards; and to provide parking in the NO district; and dispensing with the second reading by title of this ordinance. 500 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-393, Standards for new construction, of Subdivision G, NO. Neiahborhood Desian District, of Division 5, SDecial District Reaulations, of Article III, District Reaulations. i36.1-403, Front Yard reauirenlents for infill develoDments, of Division I, Generallv, of Article IV, SUDDlementarv Reaulations, and subsection (c) of i36.1-428, General standards, of Division 2, Off- Street Parking and Loadina Reauirements, of Article IV, SUDDlementary Regulations, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 36.1-393. Standards for new construction. In considering an application for a zoning permit, the zoning administrator shall apply the following standards for a new dwelling, a new accessory building that is accessory to a dwelling, and expansion of an existing dwelling in the NO district: (a) Building location and massing. (1) The required front yard shall be determined by Section 36.1-403. A new dwelling shall be located five (5) feet or less from the required front yard. (2) A new dwelling shall have two stories where lots on both sides have two-story dwellings. A new dwelling shall have one story where lots on both sides have one- story dwellings. Where no dwelling exists on either or one side, the number of stories shall be the same as the majority of dwellings on the same side of the same block. For the purposes of this section, a story shall be a finished floor level with at least five hundred (500) square feet that is at or above the grade of the front yard. (3) The width of single- and two-family dwellings shall be within ten (10) percent of the average ofthe widths of other single- and 501 two-family dwellings on the same side of the same block. The front of multifamily dwellings shall be broken into sections of thirty (30) feet or less in width through offsets of the vertical plane of the facade of at least twelve (12) inches. (4) The foundation height shall be aligned with the foundation heights of dwellings on the adjoining lots or, where there are no dwellings on adjoining lots, with the majority of dwellings on the same side of the same block. (b) Roofs. (1) The rise-to-run ratio for the dwelling's main roof shall be 6:12 or steeper. (2) The dwelling's main roof form shall have a complex roof form such as a hipped, intersecting, offset, or dormered roof, except where the gable faces the street and the roof covers a full-width porch, in which case the roof may have a simple two-surface configuration. (3) Eave and gable overhangs for all dwellings and additions to dwellings shall be at least twelve (12) inches. (4) The rise-to-run ratio of roofs covering porches or entrances shall be 4:12 or shallower. (5) Above-grade entrances on the front or side of dwelling shall be covered with a roof with a minimum width and depth of thirty-six (36) inches. 502 (c) Entrances and windows. (1) The dwelling shall have at least one entrance facing the primary front yard. The number of doors facing the primary front yard shall be limited to one door for every twenty (20) feet of dwelling width. A second entrance facing the primary front yard may be included on a side of a single- or two-family dwelling if recessed at least six (6) feet behind the main front entrance. (2) Doors facing a street shall have panel insets or windows. (3) At least fifteen (15) percent of the front of the dwelling shall consist of window or door openings. At least ten (10) percent of the side of a dwelling which is not the front of the dwelling and which faces a street shall consist of window or door openings. Roofs, gables, and foundations shall not be included in determining the area of the front or the side of the dwelling. (4) Windows on the front facade shall have a height that is a least one and one-half (1%) times their width. (5) Windows on the front of the dwelling shall be arranged in a manner that is compatible with that of other dwellings in the district. In general, windows on separate stories of the front should be vertically aligned and windows on the same story should be horizontally aligned. (6) All stairs shall have solid risers. (7) A sidewalk at least four (4) feet in width shall be provided between the front porch and the street. The sidewalk shall be constructed of an impervious material customarily used for sidewalks in the district. 503 (d) Siding and trim. (1) The siding of any dwelling or accessory structure, exclusive of trim materials, shall not be vertically oriented. (2) Windows and doors shall be surrounded by trim which is at least three and one-half (3%) inches wide, except for dwellings with masonry siding, in which case notrim around doors or windows is required. (3) Vertical corner boards at least three and one-half (3%) inches wide shall be provided on all dwelling corners, except where the siding material is brick or stucco. (4) All wooden elements of the dwelling shall be painted or be stained with an opaque stain. (e) Porches. (1) Single- and two-family dwellings shall have a covered porch at least one-half (1/2) the width of the dwelling's facade with a depth of at least six (6) feet. The porch shall face the primary front yard. (2) For new and existing dwellings, the front porch shall not be enclosed with siding. (3) Front porch railings shall have a top and bottom rail. Baluster ends shall not be exposed. (4) Porch columns shall be uniform in shape and style and shall be at least five and one-half (5%) inches wide at their bottom and top. (5) The underside of porches between pier supports and the underside of exterior stairways shall be enclosed. 504 (f) Additions and accessory structures. (1) Detached accessory buildings, including garages and carports, shall be located behind the back of the dwelling. (2) An attached garage or carport shall be offset at least twenty.four (24) inches behind the front facade of the dwelling. The bay door of an attached garage shall not face the primary front yard. (3) An addition to an existing dwelling shall be located on the rear or side of the dwelling, except a porch may be added to the front of the dwelling. An addition to the side of a dwelling shall be set back from the dwelling's front face by twenty-four (24) inches or more. * * * Sec. 36.1-403. Front vard reauirements for infill develoDments. The required front yard depth shall be equal to the shallowest of the adjoining front yards of the minimum front yard depth required for the district, whichever is shallower. Where there are no buildings on adjoining lots, the required front yard shall equal the shallowest front yard on the block face. The zoning administrator may require a greater yard depth for reasons of public safety, proposed road improvements, or consistency with the overall building line along the street. * * * Sec. 36.1-428. General standards. * * * 505 (6) Special provisions for parking in the ND district: Notwithstanding the regulations regarding parking requirements and general location, design, and layout of parking, the following shall apply to new dwellings constructed in the ND district: (a) The total number of required off-street parking spaces may be reduced by one (1) space for every twenty (20) feet of lot frontage. (b) Off-street parking, if provided, shall be located to the rear or side of the principal building. (c) Parking spaces may be located directly adjacent to an alley. Where an alley provides access to the rear of the property, alley access to parking and garages is encouraged. (d) Any driveway located in the front yard shall be located to one side of the dwelling and shall be paved with asphalt, concrete, brick or stone pavers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ihS~ J~ Mary F. Parker City Clerk 506 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2002. No. 36124-110402. AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 212, 213, 222, 223, 224, 232, 233, 234, 235, 236, 242, 243 and 245, Sectional 1976 Zone Map, City of Roanoke, to designate certain property within the City as ND, Neighborhood Design District; and dispensing with the second reading of this ordinance by title. WHEREAS, the City Administration has proposed that the hereinafter described property be designated with the zoning overlay designation of ND, Neighborhood Design District; and WHEREAS, the City Planning Commission, after giving proper legal notice, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 15, 2002, after due and timely notice thereof as required by ~36.1-693, Code ofthe City of Roanoke (1979), as amended, atwhich hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed overlay designation; and WHEREAS, this Council, after considering the aforesaid recommendation made to Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the parcels contained within the boundary as described below should be designated with the zoning overlay designation of ND, Neighborhood Design District, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 212, 213, 222, 223, 224, 232, 233, 234, 235, 236, 242, 243 and 245 of the Sectional 1976 Zone Map, City of Roanoke, be amended so that those certain properties contained within the boundary described as follows: the beginning point being located at the intersection ofthe northern right-of-way line of Grayson Avenue, NW, and the western right-of-way line of 10th Street, NW, and proceeding north along 507 the western right-of-way line of 10th Street, NW, to its intersection with the southern right-of-way line of Andrews Road, NW; then proceeding west along the southern right-of-way line of Andrews Road, NW, to its intersection with the property line of tax parcel 2240102, and proceeding along the northern property line of said parcel for its entire length; then continuing north along the northern property line of tax parcel 2240201, across Norris Drive, NW, and along the northern property line of tax parcels 2240111, 2241229, and 2360101, to its intersection with the southwestern right-of-way line of Interstate 581; then proceeding northwest along the southwestern right-of-way line of Interstate 581, to a point of intersection with the western property line of tax parcel 2360101; then proceeding south along the western property line of tax parcels 2360101, 2350101, 2350103, and 2350105, to a point of intersection with the northern property line of tax parcel 2350503; then proceeding west along the northern property line of tax parcel 2350503, across Leon Street, NW, and along the northern property line of tax parcels 2350413, 2350412, 2350411,2350410,2350409,2350408, and 2350401, to a point of intersection with the southern right-of-way line of Sherman Drive, NW; then proceeding west along the southern right-of-way line of Sherman Drive, NW, to its intersection with the eastern right-of-way line of Cove Road, NW; then proceeding north along the eastern right- of-way line of Cove Road, NW, to its intersection with the eastern right-of-way line of Lafayette Boulevard, NW; then proceeding south along the eastern right-of-way line of Lafayette Boulevard, NW, to its intersection with the northern right-of-way line of Melrose Avenue, NW; then proceeding east along the northern right-of-way line of Melrose Avenue, NW, to its intersection with the southeastern right-of-way line of Salem Turnpike, NW; then proceeding northeast along the southeastern right-of-way line of Salem Turnpike to a point of intersection with the southern property line of tax parcel 2321904, and proceeding east along said southern property line; then proceeding across 20th Street, NW; then including tax parcels 2322001, and 2322002 in their entirety; then across 19th Street, NW; then proceeding east along the southern property line of tax parcels 2322101, 2322102, 2322103, 2322104,2322105, 2322106,2322107, and 2322108; then across 18th Street, NW; then proceeding east along the southern property line oftax parcels 2221501,2221502,2221503,2221504, 2221505, 2221506, 2221507, and 2221508; then across 17th Street, NW; then proceeding east along the southern property line of tax parcels 2221601 and 2221607; then crossing 16th Street, NW; then proceeding east along the southern property line oftax parcels 2211701,2211702,2211703,2211704,2211705,2211706, 2211707, and 2211708; then crossing 15th Street, NW; then proceeding east along the southern property line oftax parcels 2221801,2221802,2221803,2221804,2221805, 2221806,2221807, and 2221808; then crossing 14th Street, NW; then proceeding east along the southern property line of tax parcels 2221901,2221902,2221903,222'1904, 2221905, 2221906, 2221907, and 2221908; then crossing 13th Street, NW; then proceeding east along the southern property line of tax parcels 2222001, 2222002, 2222003,2222004,2222005,2222006, and 2222009; then crossing 12th Street, NW; 508 then proceeding east along the southern property line of tax parcels 2222104, 2222105, 2222106, 2222107, and 2222110; then crossing 11th Street, NW; then proceeding east along the southern property line of tax parcel 2120801 to its intersection with the western right-of-way line of 10th Street, NW; then proceeding north along the western right-of-way line of 10th Street, NW, to its intersection with the northern right-of-way line of Grayson Avenue, NW, the point of beginning, be and are hereby designated ND, Neighborhood Design District, and that Sheet Nos. 212, 213, 222, 223, 224, 232, 233, 234, 235, 236, 242, 243 and 245 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: ~ 1ft... ~ -t rh-~ Mary F. Parker City Clerk 509 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36125-111802. AN ORDINANCE authorizing entering into a lease agreement between the City and the Commonwealth of Virginia, Department of Historic Resources, for certain space in the Buena Vista Recreation Center, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a five-year lease agreement retroactive to March 1, 2002, between the City and the Commonwealth of Virginia, Department of Historic Resources, with the option to renew for one (1) additional five-year period, providing for the lease of office and storage space, said lease term to commence as of March 1,2002, and terminate February 28,2007, with provision for cancellation with three (3) months written notice by either party, a copy of which is attached to the City Manager's report dated November 18, 2002, to this Council, such lease to be in form approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: 1 /J A 7'~/."- Mary F~er City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2002. No. 36126-111802. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Grant Fund Appropriations and dispensing with the second reading by title of this ordinance. 510 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public Safety $3,107,979.00 Hazardous Materials Response Team FY03 (1-2) . . . . . . . . . . . . . . . . 15,000.00 Revenues Public Safety Hazardous Materials Response Team FY03 (3) . . . . . . . . . . . . . . . . . . 3,107,979.00 15,000.00 01) Expendable Equipment (035-520-3225-2035) 02) Training and Development (035-520-3225-2044) 03) State Grant Receipts (035-520-3225-3225) $ 10,000.00 5,000.00 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: :J ~ T"\ AA .C ,,,~ ' - - Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36127-111802. A RESOLUTION authorizing the City Manager to enter into a two-year contract with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team and to accept "pass-through" funding in the amount of $15,000. 511 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, a two-year contract commencing July 1, 2002, with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team, said contract to be in such form as is approved by the City Attorney, as is more particularly set forth in the letter of the City Manager, dated November 18, 2002. 2. The City Manager is authorized to accept $15,000 through" funding pursuant to the contract. APPROVED Ralph K. Smith Mayor ATTEST: ;1 ~ ~ ~ 7' -rAA.J ~..- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36128.111802. A RESOLUTION authorizing execution of an agreement between the City of Roanoke and Lawrence Reid Bechtel doing business as Heady Stuff Studio, providing for development and creation of a statue to memorialize fallen law enforcement officers to be erected in front of the Police Department at 348 West Campbell Avenue. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Lawrence Reid Bechtel doing business as Heady Stuff Studio, in the amount of $83,500, providing forthe development and creation of a statue, substantially similar to the one depicted in the attachments to the City Manager's letter to Council dated November 18, 2002, to memorialize fallen law enforcement officers. 512 2. Such agreement shall be approved as to form by the City Attorney. Ralph K. Smith Mayor APPROVED Ai\'-'7 9. ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2002. No. 36129-111802. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used to secure a real estate development company for development of the city-owned property along Gainsboro Road, N.W.; and documenting the basis for this determination. WHEREAS, the City seeks to procure proposals from real estate developers for development ofthe city-owned property along Gainsboro Road, N.W., which includes development experience, employee training, customer responsiveness, marketing, and financial capacity. WHEREAS, this Council finds that the use of the procurement method of competitive negotiation for the above mentioned services will allow for consideration of the factors of experience, qualifications, and references which are of equal, if not greater, importance than the cost. WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke as follows: 513 1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and/or is not fiscally advantageous to the public for the reasons set forth to secure a real estate developer for development of the city-owned property along Gainsboro Road, N.W. 2. City Council directs that the procurement method known as competitive negotiation shall be used for the procurement of a real estate developer, as more fully set forth in the City Manager's Letter to this Council dated November 18, 2002. 3. determination. This Resolution documents the basis for City Council's Ralph K. Smith Mayor APPROVED ~T~J6 :J. ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36130-111802. A RESOLUTION rejecting all bids for five side loading refuse cab and chassis and five "one-armed bandit" bodies. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for five side loading refuse cab and chassis and five "one-armed bandit" bodies, are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 514 3. The City Manager is authorized to make any changes in the specifications contained in the Invitation for Bid for the five side loading refuse cab and chassis and five "one-armed bandit" bodies or the procurement documents deemed advisable and to reissue an Invitation for Bid. APPROVED Ralph K. Smith Mayor 5IfST: II /J r '1 "'" 7' -f'A,.. I. <",- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2002. No. 36131-111802. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Fifth District Employment and Training Consortium Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Fifth District Employment and Training Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium Administration (1-5) ...................................... Opportunity Knocks (6-17) ................................. Virginia Workforce Center Signs (18) ........................ Adult Program (19-30) .................................... Dislocated Worker Program(31) ............................. $4,788,449.00 95,562.00 50,000.00 25,000.00 251,752.00 262,782.00 Revenues 515 Fifth District Employment and Training Consortium Administration (32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opportunity Knocks (33) .................................. Virginia Workforce Center Signs (34) ........................ Adult Program (35) ...................................... Dislocated Worker Program (36) ............................ $ 4,788,449.00 95,562.00 50,000.00 25,000.00 251,752.00 262,782.00 01) Temporary Employees 02) Wages 03) Fringe Benefits 04) Insurance 05) Miscellaneous 06) Wages 07) Fringe Benefits 08) Travel 09) Communication 10) Supplies 11) Insurance 12) Contractual Services 13) Miscellaneous 14) Support Services 15) Training 16) On-the-job-training 17) Subsidized Wages 18) Contractual Services 19) Temporary Employees 20) Wages 21) Fringe Benefits 22) Travel 23) Communication 24) Supplies 25) Insurance 26) Contractual Services 27) Miscellaneous 28) Support Services 29) Training 30) Subsidized Wages 31) Contractual Services 32) Administration (034-633-2300-8049) (034-633-2300-8050) (034-633-2300-8051 ) (034-633-2300-8056) (034-633-2300-8060) (034-633-2350-8050) (034-633-2350-8051 ) (034-633-2350-8052) (034-633-2350-8053) (034-633-2350-8055) (034-633-2350-8056) (034-633-2350-8057) (034-633-2350-8060) (034-633-2350-8461 ) (034-633-2350-8500) (034-633-2350-8501 ) (034-633-2350-8502) (034-633-2360-8557) (034-633-2361-8049) (034-633-2361-8050) (034-633-2361-8051 ) (034-633-2361-8052) (034-633-2361-8053) (034-633-2361-8055) (034-633-2361-8056) (034-633-2361-8057) (034-633-2361-8060) (034-633-2361-8461 ) (034-633-2361-8500) (034-633-2361-8502) (034-633-2381-8057) (034-633-2300-2300) $ 15,207.00 14,578.00 7,545.00 500.00 3,000.00 17,322.00 4,328.00 100.00 200.00 200.00 80.00 1,500.00 300.00 8,000.00 1,350.00 1,500.00 15,120.00 25,000.00 6,220.00 83,000.00 23,000.00 2,500.00 500.00 250.00 500.00 7,000.00 1,144.00 15,500.00 46,000.00 3,200.00 178,692.00 40,830.00 516 33) Opportunity Knocks 34) Virginia Workforce Center Signs 35) Adult Program 36) Dislocated Worker Program (034-633-2350-2350) (034-633-2360-2360) (034-633-2361-2361 ) (034-633-2381-2381 ) 50,000.00 25,000.00 188,814.00 178,692.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor A:?fST: I} /J f r'\~ 7.r~- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2002. No. 36132-111802. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections ofthe 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Streets and Bridges Salem Avenue Streetscape (1) $26,331,040.00 60,000.00 7,540,186.00 4,140,000.00 Capital Improvement Reserve Public Improvement Bonds - Series 2002 (2) 517 01) Appropriated from Series 2002 Bond Issue (008-530-9794-9076) 02) Curb, Gutter and Sidewalk Improvements (008-530-9711-9195) $ 60,000.00 (60,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor /}lEST: ~ ;Z....t. ._- ~~. -11 7- .v- II Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36133-111802. AN ORDINANCE authorizing the City Manager to enter into an amendment to the lease agreement between the City and Blue Eagle Partnership dated November 21, 2001, for certain property located at the Civic Mall, 1501 Williamson Road, Roanoke, Virginia, for the Department of Human Services, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the lease agreement dated November 21, 2001, commencing on June 1, 2003, with Blue Eagle Partnership, for the Department of Human Services, to provide for a dollar limit to the cost of improvements, and to provide for termination ofthe lease in the event ofthe nonappropriation offederal, state or local funding for payment of office space, and as more particularly set forth in the City Manager's letter to this Council, dated November 18, 2002. 518 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. Ralph K. Smith Mayor APPROVED A~''^-t 1. /L,,- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36134-111802. AN ORDINANCE amending and reordaining ~7-34, PurDose and intent;~7-35, Definitions;~7-36, ADDlicability; subsections(a) and (b) of ~7-37, InsDection and certificate of comDliance reauired; subsections (a), (b) and (c) of ~7- 38, ExemDtions; and subsections (a)(1), (b) and (c) of ~7 -39, Certificate of exemDtion: subsections (a) and (b) of ~7-40, Issuance of certificate of comDliance: subsections (a), (a)(1), (a)(2) and (b) of ~7-41, TemDOrary waiver of comDliance; and subsection (a) of ~7-42, DisDlav of Droof of comDliance, of Article III, Rental Certificate of ComDliance, of Chapter 7, Buildina Reaulations. of the Code of the City of Roanoke (1979), as amended, to amend the definition of multiple-family rental complex, add the definition of rooming unit, and to repeal the definitions of Uniform Statewide Building Code, Volume I, and Uniform Statewide Building Code, Volume II; to broaden the area of possible application of Article III, Rental Certificate of ComDliance; to require inspections under certain conditions; and to exempt certain dwellings, dwelling units and rooming units, from the application of the rental inspection program; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 519 1. Section 7-34, Puroose and intent, ~7-35, Definitions, ~7-36, Aoolicabilitv, subsections (a) and (b) of ~7-37, Insoection and certificate of comoliance reauired, subsections (a), (b) and (c) of~7-38, Exemotions. and subsections (a){1), (b) and (c) of ~7-39, Certificate of exemotion, of Article III, Rental Certificate of Comoliance, of Chapter 7, Buildina Reaulations. ofthe Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 7-34. Puroose and intent. The city council finds that certain residential rental housing, when not the subject of either regular inspections, or inspections upon a change in tenancy, to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. The city council further finds that certain residential housing areas within the city, designated as conservation and rehabilitation districts, or designated as blighted pursuant to section 36-49.1: 1 of the Code of Virginia (1950), as amended, are in need of a housing inspection program to prevent property deterioration and neighborhood blight, and to protect the public health, safety and welfare by ensuring proper building maintenance and compliance with applicable building regulations in rental dwellings. Sec. 7-35. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Multiple-family rental complex means any dwelling, or series of dwellings, consisting of no less than ten (10) dwelling units, occupied for valuable consideration, on a single lot or adjacent lots under common ownership. The term "multiple-family rental complex" shall not include mobile homes under common ownership in a mobile home park or subdivision, and such term shall not include single-family homes, two-family homes, or townhouses under common ownership. * * * 520 Rooming unit shall mean any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. * * * Sec. 7-36. ADDlicabilitv. The provisions of this article shall apply to all dwelling units or rooming units not occupied by any owner and all dwellings, exclusive of a dwelling unit occupied by any owner, which are located in the areas heretofore or hereafter designated by the city council as conservation or rehabilitation districts or in other areas designated as blighted pursuantto section 36-49.1: 1 of the Code of Virginia (1950), as amended. A map showing the city's conservation and rehabilitation districts or other areas designated as blighted pursuantto section 36-49.1 : 1 ofthe Code of Virginia (1950), as amended, for purposes of this article shall be available for public inspection in the Department of Housing and Neighborhood Services for the City of Roanoke. ~7-37. InsDection and certificate of comDliance reauired. (a) No owner or managing agent having had control for a period of six (6) months or longer of any dwelling, dwelling unit or rooming unit, located in a conservation or rehabilitation district identified in section 7-36 of this article, or in any area designated as blighted pursuant to section 36-49.1: 1 of the Code of Virginia, (1950), as amended, shall permit (i) a change in occupancy of any dwelling, dwelling unit or rooming unit, (ii) a new tenant or tenants to occupy a dwelling, dwelling unit or rooming unit which is vacant on the date the requirements ofthis subparagraph apply to such a dwelling, dwelling units or rooming unit, or (iii) occupancy of any dwelling, dwelling unit or rooming unit which has been the subject of a separate finding by City Council that additional inspections at specific time intervals, not more frequently than once annually, are necessary to protect the public health, safety or welfare, unless the dwelling, dwelling unit or rooming unit shall be the subject of a valid certificate of compliance, a temporary waiver of compliance certificate, or a 521 certificate of exemption. If, however, an inspection has been conducted within the last twelve-month period, no inspection shall occur upon the termination of a rental tenancy or upon a change in ownership. The requirements of this subparagraph shall not apply to any dwelling, dwelling unit or rooming unit until the city manager has published notice in a newspaper having general circulation in the city, at least thirty (30) days in advance, ofthe initiation ofthe Rental Certificate of Compliance Program within the particular conservation or rehabilitation district, or in any area designated as blighted pursuant to section 36-49.1: 1 of the Code of Virginia, (1950), as amended, or a portion thereof, in which the dwelling, dwelling unit or rooming unit is located, and until an inspection of the dwelling, dwelling unit or rooming unit pursuant to this article has been scheduled. (b) Compliance with the terms of this article shall be evidenced by a certificate of compliance issued by the city manager. Except as otherwise noted in this article, a certificate of compliance shall be valid for two (2) years from the date of issuance. *** ~7-38. ExemDtions. (a) A certificate of compliance shall be issued, and no inspection shall be required within four (4) years of the issuance of a certificate of occupancy, for a new dwelling, dwelling unit or rooming unit constructed under the provisions of the building code, in effect at the time of the construction. (b) A certificate of compliance shall be issued, and no inspection shall be required within four (4) years of the date of issuance, upon the building commissioner's written determination that a dwelling, dwelling unit or rooming unit which has been the subject of a building permit for substantial rehabilitation or repair, which rehabilitation or repair meets the requirements of the building code, and the extent of the rehabilitation or repair renders the entire dwelling, dwelling unit or rooming unit equivalent to new construction with respect to the general public health, safety and welfare. 522 .. 1 (c) A certificate of compliance shall be issued, and no inspection shall be required within four (4) years of the date of issuance, for a dwelling, or dwelling unit or rooming unit, having no violations of the property maintenance code upon the initial inspection. ~7-39. Certificate of exemDtion. (a) The city manager may issue a certificate of exemption for any dwelling unit in a multiple-family rental complex ("rental complex") strictly meeting each of the following criteria: (1) No less than one half of the total number of dwelling units to a maximum of ten (10) of the dwelling units within the rental complex have been randomly selected, inspected and approved under the terms of this article; and (2) At the time of the inspections, no violations of the building code exist within the dwelling units or dwellings so inspected. (b) A certificate of exemption shall be valid for a period offour (4) years from the date of issuance. (c) If the city manager determines during any four-year exemption period that one (1) or more substantial violations of applicable building regulations in effect existed at the time ofthe inspection pertaining to the condition of any dwelling or dwelling unit contained in the rental complex, the city manager may revoke the certificate of exemption. Prior to any such revocation, the city manager shall send by first class mail written notice to the owner or managing agent, specifying the nature of the violations found and the date upon which the revocation of the certificate of exemption will take effect. Proof of mailing to the last known address of the owner or managing agent of the property, by affidavit or otherwise, shall be sufficient evidence that the notice was received. *** 523 fi7 -40. Issuance of certificate of comDliance. (a) The city manager shall issue a certificate of compliance if, upon inspection, the dwelling, dwelling unit, or rooming unit complies with the property maintenance code. The owner or managing agent will be entitled to receive a certificate of compliance immediately upon the city manager's determination that a dwelling, dwelling unit, or rooming unit complies with the property maintenance code. (b) If the dwelling, dwelling unit, or rooming unit fails to comply with anyone (1) or more of all applicable building regulations set forth in the property maintenance code, the city manager shall furnish the owner, managing agent or tenant with a written list of specific violations and the time frame within which to correct said violations. Failure to list any violation shall not be deemed a waiver of such violation. Upon the completion of all corrections and repairs, the owner, managing agent or tenant shall request a reinspection ofthe dwelling, dwelling unit, or rooming unit. fi7-41. TemDorarv waiver of comDliance. (a) A temporary waiver of compliance certificate may be issued for any dwelling, dwelling unit, or rooming unit which is inspected pursuant to this article and fails to comply with regulations set forth in the property maintenance code. Such temporary waiver of compliance certificate may be issued only upon a determination by the city manager that: (1) The work necessary to bring the dwelling, dwelling unit, or rooming unit into compliance with the property maintenance code, can be reasonably undertaken and completed while the premises are occupied without endangering the safety of the occupants of the property, or subjecting the occupants to any conditions rendering the dwelling, dwelling unit, or rooming unit uninhabitable; and 524 (2) The dwelling, dwelling unit, or rooming unit can be brought into compliance with all applicable building code requirements within the period of time for which the temporary waiver of compliance certificate is issued not to exceed six (6) months. (b) A temporary waiver of compliance certificate shall authorize the occupancy of the dwelling, dwelling unit, or rooming unit for such period of time as is reasonably necessary to remedy or correct all defects or violations by reason of which the certificate of compliance was refused. Every temporary waiver of compliance certificate shall set forth the period of time for which temporary occupancy is authorized, such period of time not to exceed six (6) months. The failure of the owner, managing agent or tenant to complete all corrections within the specified period oftime shall constitute a violation ofthis article. ~7-42. DisDlav of Droof of comDliance. (a) Any sticker issued in connection with, and evidencing the issuance of, any certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, may be adhered to the dwelling, dwelling unit, or rooming unit to which it applies. No such sticker may be adhered to any dwelling, dwelling unit, or rooming unit for which the sticker was not intended, or issued, and the use of such a sticker shall not be mandatory. *** 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: II /J /1. 7. 7.,J1Ar- Mary F~~er City Clerk 525 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36135-111802. A RESOLUTION authorizing the City Manager to execute an agreement between the City of Roanoke and the Garden City Recreation Club, accepting a donation of materials and supplies, including a concrete pad, for the construction of a 20' x 35' shelter in Garden City Park, upon the terms and conditions set out in the City Manager's letter dated November 18, 2002, to this Council, and expressing appreciation for such donation. WHEREAS, as outlined in the Parks and Recreation's Comprehensive Master Plan, all City parks should have a fair and suitable distribution of park amenities; WHEREAS, currently, Garden City Park's amenities include only a playground, restrooms, and athletic fields; WHEREAS, the Garden City Recreation Club has offered to donate materials and supplies, including a concrete pad, for the construction of a 20' x 35' shelter in Garden City Park to the City; and WHEREAS, upon execution of the agreement by the City Manager and completion ofthe project in March, 2003, the City will own, maintain and manage use of the shelter on the same terms and under the same conditions as are shelters in other parks owned by the City. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf ofthe City, to execute and attest, respectively, the agreement between the City of Roanoke and the Garden City Recreation Club attached to the City Manager's report dated November 18, 2002, to this Council, approved as to form by the City Attorney. 2. This Council hereby accepts the donation of materials_ and supplies, including a concrete pad, for the construction of a 20' x 35' shelter in Garden City Park, a total value of $7,500.00. 526 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to the Garden City Recreation Club for its generous donation to the City. 4. the Garden City donation. The City Clerk is directed to transmit a copy of this resolution to Recreation Club, expressing the City's appreciation for this APPROVED Ralph K. Smith Mayor ATTEST: /J ~~ ./r~.- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36136-111802. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2003 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and 527 WHEREAS, the Legislative Committee of City Council has by report, dated November 18,2002, recommended to Council a Legislative Program to be presented at the 2003 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roa,loke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 18, 2002, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2003 Session ofthe General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2003 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:15 p.m., on December 2, 2002. ATTEST: rn. ~ 1- Mary F. Parker City Clerk APPROVED ~(-- Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2002. No. 36137-111802. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections ofthe 2002-2003 School Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: 528 ADDroDriations Education $147,114,988.00 School Instructional Technology 2002-03 (1) . . . . . . . . . . . . . . . . . 856,000.00 Revenues Education School Instructional Technology 2002-03 (2) . . . . . . . . . . . . . . . . . 147,114,988.00 856,000.00 01) Additional - Data Processing Equipment 02) State Grant Receipts (030-062-6845-6002-0826) (030-062-6845-1100) $ 856,000.00 856,000.00 Pursuantto the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. Ralph K. Smith Mayor APPROVED n:T~ ;. ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2002. No. 36138-111802. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Lincoln Terrace Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 18th day of November, 2002, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $1.3 million, for adding to and improving the present school building at the Lincoln Terrace Elementary, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. 531 WHEREAS, a public hearing was held on said application by the City Council on November 18, 2002, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Shenandoah Avenue, N.E., as identified in a plat dated August 20,2002, prepared by Lumsden Associates, P.C., appended to the petition filed in the Office of the City Clerk on September 5, 2002 by the Western Virginia Foundation for the Arts and Sciences (hereinafter referred to as "Plat") be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility orfacility by the owner thereof. 532 BE IT FURTHER ORDAINED that the applicant, or its successors in interest, shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant, or its successors in interest, shall dedicate to the City a portion of Official Tax Number 3013603 as right- of-way to be added to Shenandoah Avenue, as set forth in the Plat. BE IT FURTHER ORDAINED that the applicant, or its successors in interest, shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name ofthe Petitioner, or the name of Petitioner's successors in interest, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of one (1) year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ff\:~ Mary F. Parker City Clerk APPROVED ;(L~ Ralph K. Smith Mayor 529 BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $1.3 million from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. APPROVED n\T~ l~ Mary F. Parker City Clerk Ralph K. Smith Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2002. No. 36139-111802. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Lincoln Terrace Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board ofthe City of Roanoke is authorized to expend out of the City's capital improvement fund up to $1.3 million for the cost of adding to and improving the present school building at Lincoln Terrace Elementary School ("the Project"). 530 2. In accordance with U. S. Treasury Regulations ~1.150-2, it is hereby declared that the City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project with proceeds of debt to be incurred by the City. The maximum principal amount of debt expected to be issued for the Project is $1.3 million. 3. This is a declaration of official intent under Treasury Regulation APPROVED ~ST~. . -l ~. ,,, . Mary F. Parker City Clerk Ralph K. Smith Mayor ~1.150-2. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36140-111802. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading ofthis ordinance by title. WHEREAS, Western Virginia Foundation for the Arts and Sciences, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and 533 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2002. No. 36142-111802. AN ORDINANCE authorizing acceptance of the donation of a parcel located at 351 Salem Avenue, S. W., bearing Official Tax No. 1010106, in an "as is" condition, upon certain terms and conditions, and subject to the City's receiving permission to enter the property for the purpose of conducting an environmental assessment of the site, with findings of the assessment to be satisfactory to the City; expressing appreciation for the donation of this parcel to the City; and dispensing with the second reading by title of this ordinance. WHEREAS, Robert E. Zimmerman, owner of the property, has offered to donate the property to the City of Roanoke, and the Council deems it advisable to accept the property subject to certain terms and conditions, in accordance with the recommendation of the City Manager in a letter to Council dated November 18, 2002. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to accept the donation of the parcel, located at 351 Salem Avenue, S. W., bearing Official Tax No. 1010106, which parcel adjoins property currently owned by the City, in an "as is" condition, subject to a satisfactory environmental site inspection. 2. City Council wishes to express the appreciation of the City of Roanoke to Robert E. Zimmerman for his generous donation of the parcel, and the City Clerk is directed to forward an attested copy of this ordinance to Mr. Zimmerman. 3. Pursuant to ~12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: " f!,. ^ IIV l' 7. AJJi. Mary F. Parker City Clerk 534 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36141-120202. AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.276, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property bearing Official Tax No. 2761409, previously conditionally rezoned C-2, General Commercial District, by the adoption of Ordinance No. 32294-121994, and to rezone a portion of property bearing Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions. WHEREAS, Michael A. Wells filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land identified as Official Tax No. 2761409, which property was previously conditionally rezoned by the adoption of Ordinance No. 32294-121994, on December 19,1994, and to rezone a portion of property bearing Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.1-693 and 36.1-698, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 18, 2002, after due and timely notice thereof as required by ~36.1-693 and 36.1-698, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the above-described property should be amended, and the adjacent property should be rezoned as herein provided. 535 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sheet No. 276 of the Sectional 1976 Zone Map, City of Roanoke, be amended, in order to amend certain conditions presently binding upon certain property bearing Official Tax No. 2761409, previously conditionally rezoned C-2, General Commercial District, by the adoption of Ordinance No. 32294-121994, and to rezone a portion of property bearing Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to the proffered conditions contained in said Second Amended Petition filed in the Office of the City Clerk on September 5, 2002. APPROVED Ralph K. Smith Mayor ATTEST: J':) /\ ~ -:I. r ~ k(~_ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36143-120202. A RESOLUTION naming George A. Kegley as Roanoke's Citizen of the Year for the year 2002. WHEREAS, Mr. Kegley, a native of Wythe County, Virginia, graduated from Wytheville High School in 1945 and from Roanoke College in 1949; is a past president of Roanoke College Alumni Association, and was awarded an honorary Doctorate of Humane Letters from Roanoke College in 2001; and WHEREAS, Mr. Kegley was employed by The Roanoke Times from 1949 to 1993, where he worked as a reporter, assistant city editor, and senior writer/business editor; and 536 WHEREAS, Mr. Kegley served in the U.S. Army at Ft. Knox, Kentucky from 1951-1953 and was editor of the post newspaper, "Inside the Turret"; and WHEREAS, Mr. Kegley has been a member of the Roanoke Valley Community Relations Committee, the City Manager's Community Relations Task Force, the Preservation Foundation of Roanoke Valley, the Preservation Alliance of Virginia, the Western Virginia Land Trust, and vice-chair of the State Library Board; and was a board member and editor of Journal for the History Museum and Historical Society of Western Virginia; and WHEREAS, Mr. Kegley has volunteered his service on the Rescue Mission board and served as its president; with the Pastoral Counseling Center of Roanoke Valley, the Literacy Volunteers of Roanoke Valley, the Roanoke Arts Commission, the Roanoke Cultural Services Committee; on the advisory board for Roanoke Regional Preservation Office, the community board of Roanoke Refugee & Immigration Office, the advisory board of the Transitional Living Center; and with the Blue Ridge Parkway Foundation; and WHEREAS, Mr. Kegley, as an active member of St. Mark's Lutheran Church, has served as editor ofthe "Synod," an insert in The Lutheran; as a member of Virginia Lutheran Synod Council and ofthe Board ofthe Virginia Synod Lutheran Men in Mission; as a trustee and teacher of the Men's Brotherhood Sunday School Class and as a member of the Finance Committee, the Social Ministry Committee, and the Congregation Council at St. Mark's Lutheran Church; as coordinator of the campership program of Lutheran Cooperative Ministries of Roanoke Valley; and as a board member of Virginia Lutheran Homes; and WHEREAS, Mr. Kegley coordinated this year's events celebrating the 150th anniversary of Rail Heritage in Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council, with great pride, respect and admiration, hereby names George A. Kegley to be Citizen of the Year for the year 2002 in the City of Roanoke, Virginia. 537 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Kegley. APPROVED Ralph K. Smith Mayor ATTEST: ~ ~ /J ~L__ . ,,~7 . - -- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36144-120202. A RESOLUTION memorializing the late Adelaide (Laddie) Fisher, a longtime Roanoke Valley resident. WHEREAS, the members of Council learned with sorrow ofthe passing of Ms. Fisher on Tuesday, November 19, 2002; and WHEREAS, Ms. Fisherwas a graduate of the University of Michigan and did graduate work at California State University in Fresno; and WHEREAS, after working as the editor of a weekly newspaper in suburban Detroit, Ms. Fisher moved to Roanoke in 1964; and WHEREAS, Ms. Fisherwas an award-winning creative writer with many published poems, short stories and novels, including the poem collections "My City" and "Come Walk the Mall," which described Roanoke landmarks and sites; and WHEREAS, Ms. Fisher was Community Services Coordinator and Consultant for Mental Health Services of Roanoke Valley from 1977 to 1981; and WHEREAS, Ms. Fisher served as the Public Information Officer for the City of Roanoke from 1981 t01987; and 538 WHEREAS, Ms. Fisher served as Executive Secretary of the Mental Health Association of the Roanoke Valley from 1968 to 1976, and was later elected a lifetime member of its board of directors; and WHEREAS. Ms. Fisher was instrumental in starting Blue Ridge Behavioral Health Care and coordinated the formation of the Roanoke Area Drug Abuse Control Council; and WHEREAS, Ms. Fisher worked hard to keep people with a history of mental illness from being criminalized by persuading Roanoke Memorial Hospital to establish a holding room where they could be evaluated medically; and WHEREAS, in 1975 Ms. Fisher started the Listener Program, which allowed volunteers to go into schools to talk and interact with children who had mental problems; and WHEREAS, Ms. Fisherwas a faithful member, teacher, deacon and elder of Raleigh Court Presbyterian Church; and WHEREAS, Ms. Fisher was involved in a variety of community service and civic organizations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Adelaide (Laddie) Fisher, and extends to her family its sincerest condolences. " 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Fisher's children, David Fisher of Richmond, Mike Fisher of Centreville, Ann Thomas of Farmville, Cathy Fisher of Roanoke, and Mary Seymour of Rhode Island. APPROVED Ralph K. Smith Mayor ATTEST: ~ r-... "',.,. t.- , \.~7. - Mary F. Parker City Clerk - - - - - - - - - - - - - - 539 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2002. No. 36145-120202. AN ORDINANCE to amend and reordain certain sections of the 2002- 2003 General Fund Appropriation, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ Police Services (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . 46,529,985.00 2,793,227.00 Revenues Miscellaneous Miscellaneous (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310,045.00 155,545.00 1) Homeland Defense (001-640-3114-2164) $ 15,000.00 2) Homeland Defense- Allstate (001-110-1234-0846) 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: ~ ~~1.~ Mary F. Parker City Clerk 540 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2002. No. 36146-120202. A RESOLUTION authorizing the City Manager to accept the donation of $15,000.00 from the Allstate Foundation for use by the City of Roanoke Police Department for specialized Homeland Defense training, and expressing appreciation for such donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to accept the donation of $15,000.00 from the Allstate Foundation for specialized Homeland Defense training to be provided by the City of Roanoke Police Department, in accordance with the recommendation contained in the City Manager's report to City Council dated December 2, 2002. 2. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to the Allstate Foundation for its generous donation to the City. 3. The City Clerk is directed to forward an attested copy of this resolution to the Allstate Foundation. APPROVED Ralph K. Smith Mayor ATTEST: /J f\ ~ ~. r~ 1....- Mary F. Parker City Clerk - - - - - - - - - - - - - - 541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2002. No. 36147-120202. AN ORDINANCE amending and reordaining subsections (a) and (e) of ~26-55, Measurement: samplina. etc.. and report of discharges, of Chapter 26, Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City of Roanoke (1979), as amended, in order to clarify existing provisions of this Chapter and make them consistent with other aspects of the program; which proposed amendments have been approved by the Virginia Department of Environmental Quality (DEQ); and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 26-55, Measurement: samplina. etc.. and report of discharaes of Chapter 26, Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ~26-55. Measurement: samplina. etc.. and report of discharaes. (a) The owner of each facility discharging other than normal wastewater or discharging Group A wastewater shall upon the written request of the control authority submit monthly, or at other frequency as may be required by the control authority, to the city, on forms supplied by the city, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the city or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the city not later than the tenth day ofthe following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the person so discharging shall be established by the control authority and shall, as a minimum, include: (1) Liquid in gallons. (2) five-day BOD in pounds. (3) Suspended solids in pounds, on a dry solids basis. 542 (4) Total phosphorus in pounds. (5) Total Kjeldahl nitrogen in pounds. (6) COD in pounds. * * * (e) Composite samples shall consist of samples taken at least every hour for the time period required by the facility's permit using flow proportional or time composite sample collection methods. Such samples shall be properly refrigerated. For oil and grease, pH, phenols, cyanide, volatile toxic organics and other appropriate pollutants, proper grab sampling shall be performed. Such sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced automatically by the flow-measuring device. * * * 2. Pursuant to the provisions of~12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ATTEST: /J rr... ~ .j. r 4J,. f~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36148-120202. A RESOLUTION adopting a new policy and procedure with respect to requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, ~6(a)(6), of the Constitution of Virginia, repealing Resolution No. 30884-021892, adopted February 18, 1992, as amended by Resolution No. 35645- 111901, adopted November 19, 2001. 543 WHEREAS, this Council by the adoption of Resolution No. 30884- 021892, on February 18, 1992, as amended by Resolution No. 35656-111901, established the policy of the City with respect to supporting requests of non-profit organizations for tax exempt status for their property; WHEREAS, on November 5, 2002, an amendment to the Constitution of Virginia was approved by the electorate and transfers the responsibility of determining tax exempt status of properties of certain non-profit organizations from the General Assembly to the local governing bodies of the Commonwealth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Resolution No. 30884-021892, adopted on February 18,1992, was amended by Resolution No. 35645-111901, be it and is hereby REPEALED. 2. City Council hereby adopts, effective January 1, 2003, and approves a new policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by adopting the Process for Determination of Property Tax Exemption, dated December 2,2002, and attached to the City Manager's letter of December 2,2002, recommending adoption of this procedure. APPROVED Ralph K. Smith Mayor ATTEST: ~ ~~ l.r~~4I'- Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36149-120202. A RESOLUTION rejecting all bids for a City of Roanoke Towing Contract. BE IT RESOLVED by the Council of the City of Roanoke that: 544 1. REJECTED. All bids received by the City for a Towing Contract, are hereby 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in the format used in the Invitation for Bid for City Towing Contract or the procurement documents deemed advisable and to reissue an Invitation for Bid. APPROVED Ralph K. Smith Mayor ~T'-r -J.~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36150-120202. AN ORDINANCE amending ~32-39, Board of Eaualization, of Chapter 32, Taxation, of the Code ofthe City of Roanoke (1979), as amended, by changing the terms of appointment of members to the Board of Equalization; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-39, Board of Eaualization, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended, by changing the terms of appointment of members to the Board of Equalization, and reordained to read and provide as follows: ~32-39. Board of eaualization. Pursuant to the provisions of Section 58.1-3373, Code of Virginia, a board of equalization of real estate assessments for the city shall be appointed not later than March first of each year by the circuit court for the city. 545 The board of equalization shall be composed of three (3) members, who shall be freeholders and citizens ofthe city, and the terms of such members shall commence on their appointment. For terms commencing on January 1,2003, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years and one member shall be appointed for a term of three years. As the terms of the initial appointees expire their successors shall be appointed for terms of three years. Such board shall have such powers and duties as are conferred on local boards of equalization by Article 14 of Chapter 32 ofTitle 58.1 (section 58.1-3370, et seq.) of the Code of Virginia (1950), as amended. The members of such board shall receive such per diem compensation for the time actually engaged in the duties of the board as may be fixed by city council. The council shall have the right to such time as, in its opinion, is sufficient for the work of the board. 2. Pursuant to the provisions of ~12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED Ralph K. Smith Mayor ~T~ J. ~ Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36151-120202. A RESOLUTION canceling the work session meeting of City Council scheduled to be held at 12:15 p.m., on December 30,2002. BE IT RESOLVED by the Council of the City of Roanoke that: 546 1. The work session meeting of City Council scheduled to be held at 12:15 p.m., Monday, December 30,2002, is hereby CANCELED. 2. Resolution No. 35958-070202, adopted July 2, 2002, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy ofthis resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days priorto December 30,2002. APPROVED Ralph K. Smith Mayor ~:, J.L Mary F. Parker City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36152-120202. A RESOLUTION closing certain City offices on Tuesday, December 24, 2002, and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed on Tuesday, December 24, 2002. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours on Tuesday, December 24, 2002. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on Tuesday, December 24, 2002, such employees, regardless of whether they are scheduled to work on 547 Tuesday, December 24, 2002, shall be accorded equal time off at a later date. Employees of the Fire/EMS Department working the three platoon system shall receive twelve hours of holiday time due to their work schedule. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. APPROVED Ralph K. Smith Mayor n::'~ .j. (Ja,JJA- Mary F. Parker City Clerk